Terms & Conditions
2017 Telstra Business Awards Terms & Conditions of Entry
- The Telstra Business Awards (Awards) are conducted by Telstra Corporation Limited ABN 33 051 775 556 of Level 2, 400 George Street, Sydney NSW 2000 (Telstra, we, us, our)
- 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.
- Nominated businesses will be eligible to enter the 2017 Telstra Business Awards (Awards) providing all of the following criteria are met.
a. The nominated business or organisation MUST:
- reside in Australia;
- have a registered Australian Business Number;
- have been operating in Australia for at least 12 months as at Thursday 16 March 2017; and
- be more than 60% Australian owned, with the owner(s) or founder(s) responsible for making the key management decisions;
- if entering the Charity Award: be registered with the Australian Charities and Not-for-profits Commission (ACNC) and have endorsed Deductible Gift Recipient (DGR) status, with an annual income between $250 000 and $ 10 000 000; and
- if entering for the New Business Award have been operating in Australia between 12-36 months as at Thursday 16 March 2017.
b. The nominated business MUST NOT:
- have more than 200 full time equivalent staff as at the close of entries date, Thursday 16 March 2017;
- be a listed company, a franchisee, franchisor, a club, co-operative, or a Telstra licensee;
- be more than 50% owned by another business;
- be a government agency;
- have employees who have judged the Awards program in 2015 or 2016;
- be a commercial supplier to the 2017 Awards;
- have won an award in the same category in 2016. The nominated business can enter a different category in 2017;
- have filed for bankruptcy in the prior 5 years or been subject to court proceedings in the prior 12 months from the close of entry date, including in the business owner or founder’s personal capacity; and
- have been purchased, and operating as an existing business prior to purchase.
- Instructions on how to enter and win the Awards as set out at www.telstrabusinessawards.com (Guidelines) form part of these Terms.
- By submitting an entry:
a. you warrant that you are entering the Awards in your personal capacity and as a representative of the business; and
b. you agree to these Terms,
Entry into the Awards is deemed acceptance of the Terms and will apply during the Period.
- The Period commences when you submit an entry into the Awards, in accordance with and ends on 31 December 2017 (Period).
- In order to enter the Awards and be eligible to win, you must:
a. comply with the Terms
b. enter online at telstrabusinessawards.com; and
c. submit your entry by 12.00 midnight Australian Eastern Daylight Time on Thursday 16 March 2017;
d. make arrangements for your business owner(s), Officers or founder(s) to be available to attend all Awards events and associated activities including judging days, site inspections and State and National workshops and galas, as determined by us in our sole discretion; and
e. Declare any court proceedings your business or its Officers or Founders have been subject to in the entry form
- We reserve the right to declare any entry ineligible or disqualified if, during the Period, in the opinion of us or a sponsor of the Awards (Sponsor):
a. you and/or your business owner(s) or founder(s) are considered to be unable to present or promote the Awards in a satisfactory manner;
b. you and/or your business owner(s) or founder(s) have not complied with these Terms, the Guidelines or the eligibility criteria;
c. the entry form is incomplete; or
d. information provided by you is deficient, false, misleading, or provided unlawfully.
- You agree that your business premises will be available to us at an agreed time for us or a Sponsor or judge to conduct an inspection of the premises for the purposes of evaluating your entry in the Awards.
- The Awards comprise the following categories: New Business Award, Micro-Business Award, Small Business Award, Medium Business Award and Charity Award.
- State and Territory Awards: Finalists in each of the Award categories listed in clause 10 will be eligible to win that Award for their State or Territory. Winners of the Micro-Business Award, Small Business Award, Medium Business Award, Charity Award and New Business Award will be eligible to win the overall Telstra Business of the Year Award for their State or Territory.
- National Awards: Category winners in each State or Territory will be eligible to represent their business at the national final in their respective category. Only winners of the overall winner of Telstra Business of the Year Award for each State or Territory will be eligible to be named the 2017 Telstra Australian Business of the Year.
PRIVACY & MARKETING
- We collect personal information (as defined under the Privacy Act 1988 (Cth)) and other information relating to your business operations in various ways, such as in the Awards entry form, on judging days, at site visits, and in speeches and interactions with the support team to administer the Awards, to generate the Business Health Check and, where appropriate, award prizes. If you do not provide the personal and business information as requested, you cannot participate in the Awards, nor receive a Business Health Check.
- By participating in the Awards in any way (including by submitting an Awards entry and by completing an Awards survey), you consent for us to use and disclose your personal information to our related entities, business partners, agencies, Sponsor and other third parties engaged to provide services in connection with the Awards and the Business Health Check, in order to:
a. market to you in any way (including by email, SMS/MMS, mail, social media and telephone (even if your phone number is registered on the Do Not Call Register);
b. administer the Awards;
c. generate the Business Health Check;
d. invite you to be part of our initiatives including case studies, polls/surveys and business opportunities
e. improve our, our related entities' or Sponsor’s products and services; and
f. in our agencies' cases, for the purposes set out in our Privacy Statement available at www.telstra.com.au/privacy/privacy_statement.html or by calling 1800 039 059.
You agree that your consent continues until you withdraw it by notifying us. If you wish to withdraw your consent to receive marketing material from us, call us on 1800 039 059. If you wish to withdraw your consent to receive Awards material or marketing material from our Sponsor, or to request that your personal information not be disclosed to the Sponsor in future, call the Telstra Awards Team on 1800 AWARDS.
You also agree that we and/or the judges or agencies may review publicly available information regarding you including websites, social media and media activity in assessing and judging your entry.
PROMOTION AND SPONSORSHIP
- If your business is an Award finalist, the business owner(s), Officers or founder(s) of your business or organisation agrees to attend all Awards presentation events and other Awards events that we notify you about, and agrees to assist in publicising the Awards as required by us and the Sponsor for the event in which you are a finalist.
- If your business is an Award winner, your business owner(s), Officers or founder(s) agrees to be available for promotional appearances during the Period for us and the Sponsors (Promotional Appearances). The Promotional Appearances will promote the Awards, us (including our products or services) and/or the Sponsors (including their products or services), and:
a. during each Promotional Appearance you or your representative must, if requested, verbally endorse us or the relevant Sponsor for the event;
b. we or the Sponsor will give you or your representative at least seven calendar days notice of the time, date and location of each Promotional Appearance; 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.
- You agree that we or our Sponsors may use:
a. your business or organisation logo, your business or organisation identity and you 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 us or the Sponsor; and
b. details about you and your business or organisation in printed, electronic and online/social media (as we or the Sponsor consider appropriate) in promoting the Awards and the products and services of us and the Sponsor, without compensation to you. Prior to using your business or organisation identity, your or your representative's personal identity, or details about you or your business or organisation, we or the Sponsor will obtain your prior approval, which will not be unreasonably withheld.
- You agree to allow us 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. we and the Sponsors may use the Materials for future promotional and marketing purposes without further reference or compensation to you;
b. we and the Sponsors may duplicate, alter, adapt and utilise the Materials at any time, anywhere, and by any means;
c. we 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 us and the Sponsor on creation of the Materials a worldwide, 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
- By completing the Awards entry process, you:
a. acknowledge that we will provide you with a Business Health Check report based on the information in your entry into the Awards; and
b. acknowledge that the results and the Business Health Check may only be used in accordance with these Terms.
- We, in our sole discretion, have the right not to provide a Business Health Check to you, without notice or compensation to you.
- We accept no responsibility if any Business Health Check is not received by you for any reason.
INTELLECTUAL PROPERTY RIGHTS
- We and others own and reserve all Intellectual Property Rights subsisting in the Awards, and our Related Entities, including, but not limited to, copyright in the Business 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 Awards, our related entities or the Business Health Check. You agree that the Business Health Check may be protected by copyright, trademarks, patents or other proprietary rights and laws.
- Intellectual Property Rights means all present and future intellectual property rights, whether registered or not, including without limitation, copyright, patents, rights in inventions, known how, trade marks, business names, design right and rights of a similar nature that exist, or that may come to exist, anywhere in the world.
- Without limitation to clause 22 we retain full ownership and control of the Awards Brand at all time, and you will have no right to use the Awards Brand, Logo or Marks or of our related entities without our prior permission.
- In consideration of you agreeing to these Terms, we and others grant you an exclusive, non-transferable, licence to
a. use the Business Health Check in accordance with these Terms; and
b. reproduce the Business Health Check for your own personal use in accordance with these Terms
BUSINESS HEALTH CHECK - GENERAL TERMS
The Business Health Check is provided for the purpose of providing you with feedback regarding your business.
We do not provide legal or financial advice. The Business Health Check is not intended to, and do not constitute, legal or financial advice.
To the extent permitted by law, we disclaim 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; 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.
- We are not liable, and expressly exclude liability for, any loss, injury or damage which results directly or indirectly from your participation in the Awards and the Business Health Check which are the consequence of you acting, or failing to act, on any information contained, or referred to, in the Business Health Check
- We are not liable, and expressly exclude liability for:
a. errors or omissions in the Business Health Check; and
b. defamatory, offensive or illegal content in the Business Health Check, whether caused through our negligence, our employees or independent contractors, or through any other cause.
- You will at all times indemnify, keep indemnified, defend and hold harmless us and our 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 Materials and/or information supplied by you under these Terms.
- At any time we reserve the right to disqualify entries in the Award for non-compliance with these Terms.
- If you, your business or your representatives are involved in any conduct or activity in any way (including of a personal or business nature) that:
a. is illegal;
b. is fraudulent;
c. may harm us, our name or reputation; or
d. breaches these Terms,
We may, in our discretion, withdraw any award and associated prizes that you have received. If requested by us, you agree to no longer publically promote yourself, your business or your representatives as being associated with the Awards, us or the Sponsor. This clause survives the expiration of these Terms.
- If we (or the Sponsor) are unable to provide a winner with a nominated prize, we (or the Sponsor) reserve the right to supply an alternative prize of similar monetary value. We accept no responsibility for any variation in the retail value of the prize pool.
- The judges' decision is final and no correspondence will be entered into after a decision is made.
- We accept no responsibility for entries not received by us for any reason.
- All entries become our property. We do not provide feedback on entries.
- In our sole discretion, we have the right to alter or cancel part or all of the Awards at any time.
- We are not 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.
- 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 2018.