InfraChallenge: An innovation competition for better infrastructure / Terms and Conditions
1. Information and instructions on how to enter forms part of these terms of entry. Entry into the InfraChallenge 2021 is deemed acceptance of these terms of entry.The promoter is Global
2. Infrastructure Hub (ABN 46 602 505 064) of Level 23, 68 Pitt Street, Sydney, Australia, 2000 (Promoter).
3. The following dates are relevant to the InfraChallenge 2021, unless otherwise amended by the Promoter from time to time:
(a) entries open on 3 February 2021 at 16.00 AEDT and close on 12 March 2021 at 11.59 pm AEDT (Entry Period);
(b) evaluation for the top 20 entrants will be completed by 11.59 pm AEDT 12 April 2021 (in accordance with clause 22(a)(ii));
(c) Mentored Entrants who are chosen to receive a 6-week mentoring program will be notified by 11.59 pm AEDT on 14 April 2021;
(d) The 6-week mentoring program for Mentored Entrants will commence at 9.00 am AEDT on 19 April 2021 and conclude on 5.00 pm AEDT 28 May 2021;
(e) Mentored Entrants must resubmit their entries by 11.59 pm AEDT on 28 May 2021 (in accordance with clause 22(a)(iii));
(f) judging for Shortlist Entrants will be completed by 11.59 pm AEDT 28 June 2021 (in accordance with clause 22(a));
(g) Shortlist Entrants who are chosen to proceed to the InfraChallenge Final will be notified by 11.59 pm AEDT 30 June 2021;
(h) the InfraChallenge 2021 final will be held on 16 September 2021:
(I) via a web conferencing platform to be confirmed by the Promoter (in accordance with clause 6); or
(II) in Europe at a location to be confirmed by the Promotor, if the Promoter confirms the event will be held physically (in accordance with clause 7),
(InfraChallenge 2021 Final)
(I) The Grand Prize winner will be notified at the InfraChallenge Final
4. Entry into the competition is free. Certain ancillary costs will be at the expense of the chosen entrants as set out at clause 22(b)(v).
Flexibility for uncertain events
5. With the unpredictability of the current environment of physical events and global travel, the Promoter has elected to hold the InfraChallenge Final virtually via a web conferencing platform.
6. Due to the nature of rapid changes in web conferencing platform technology and features, the exact web conferencing platform to be used to deliver the Infrachallenge Final will be confirmed closer to 16 September 2021, and in any event by 5.00 pm AEDT on [30 June 2021]. Shortlist Entrants will be notified by email of the platform to be used, and details will be published on the Infrachallenge Website. Shortlist Entrants are responsible for ensuring they properly install and deploy the relevant web conferencing platform.
7. If it is safe to do so, and if it is feasible for all Mentored Entrants to attend (on the basis that any of the Mentored Entrants could be chosen as Shortlist Entrants and having regard to relevant lockdown and travel restrictions in their respective jurisdictions and in the host country of the InfraChallenge Final), the Promoter may elect to hold the InfraChallenge Final as a physical event. If this occurs, Mentored Entrants will be notified by no later than 5.00 pm AEDT on 14 June 2021.
How to Enter
8. Subject to clause 9, entry is open to any individual over the age of 18 years resident anywhere in the world, who has also reached the age of majority in their place of residence at the time of entry, and any body corporate, trust, and other business entity established anywhere in the world.
9. The following entities are not eligible to enter the Promotion:
(a) any entity chosen for the Infrachallenge 2020 longlist or shortlist that is, entities chosen for the top 20 or top 10), and any individual associated with such an entry(b) employees, representatives and agents of the Promoter or any related body corporate of the Promoter;
(c) any service provider of, consultant to, or tender respondent of the Promoter or any related body corporate of the Promoter;
(d) employees, representatives and agents of any service provider of, consultant to, or tender respondent of the Promoter or any related body corporate of the Promoter;
(e) judges or mentors of the InfraChallenge 2021;
(f) sponsors, partners, or supporters of the InfraChallenge 2021, and any related entity of a sponsor, partner, or supporter;
(g) employees, representatives and agents of any sponsor, partner, or supporter or any related entity of a sponsor, partner, or supporter;
(h) government departments, government agencies, statutory entities, and government-owned corporations, and any entity whose entry the Promoter reasonably considers involves a project in effect being put forward by one of those foregoing entities;
(i) the immediate families of any person not eligible to enter the InfraChallenge 2021, as well as all persons residing within the residence of any person not eligible to enter the Infrachallenge; and
(j) bodies corporate, trusts, and other business entities with which any person not eligible to enter the InfraChallenge 2021 is related to, affiliated with, or associated with (including as a director, secretary, office holder, member of the executive, shareholder, unit holder, or founder).
10. While the Grand Prize winner will be chosen based on the Final Judging Panel’s assessment of the solution presented and the ability to implement the solution to a social or economic infrastructure issue or problem (see clause 22(b)(xiii) below), chances of winning depend on the number of entries received.
11. The Promoter may in its absolute discretion refuse to award any prize to you if you fail to comply with these terms of entry and may amend these terms of entry from time to time to correct minor errors or to change the date and location of the InfraChallenge Final if necessary due to venue or scheduling problems, provided that if you do not agree to any amendments you are free to withdraw from the InfraChallenge 2021.
12. To enter, you must:
(a) submit a technology-based solution to promote, enhance, or develop resilient infrastructure;
(b) submit the proposal online via the submission page for the Infrachallenge 2021 at infrachallenge.gihub.org (Infrachallenge Website) in the accepted format during the Entry Period.
13. Multiple entries are not allowed.
14. Entries submitted other than in accordance with these terms of entry will not be eligible for entry into the InfraChallenge 2021. Incomplete or non-conforming entries will be deemed invalid. If you wish to confirm whether your solution is relevant to the Infrachallenge for the purposes of eligibility, you can check the Infrachallenge Website, or contact the Promotor, who will use reasonable efforts to respond. It is the responsibility of entrants to decide whether and when to make a submission, and the Promotor accepts no responsibility for failing to respond to any such request (at all or within any particular time).
15. Submissions received after the Entry Period will not be eligible for entry into the InfraChallenge 2021.
16. Submissions may be lodged online via the Infrachallenge Website at any time during the Entry Period. Submissions may not be changed, edited, or altered once submitted.
17. Submissions are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the entrant. The Promoter is not responsible nor liable for late, lost, or misdirected submissions, or submissions not received by us for any reason whatsoever.
18. Any costs associated with entering the Infrachallenge and accessing the Infrachallenge Website are your responsibility.
19. By entering the InfraChallenge 2021 (and subject to clauses 47 to 49), you:
(a) consent to your submission and entry being used by the Promoter in accordance with these terms of entry and for the purposes of administration of the Infrachallenge;
(b) consent to the Promoter and any of the Promoter’s nominees, using your name, images (whether still or moving), and voice in any media (including on the Promoter’s website, the Infrachallenge Website, and the Promoter’s and the Infrachallenge’s social media accounts) in perpetuity, without limitation and without compensation to the entrant; and
(c) agree, at the Promoter’s request, to participate in and cooperate as required with any marketing or promotional activity (such as an interview) surrounding the InfraChallenge 2021 or the winning of a prize. You agree that you will not be remunerated for this participation.
20 All valid entries received during the Entry Period will be reviewed by the Evaluation Panel. The Evaluation Panel will be constituted of between 4 to 6 judges, including representatives from the Promoter. The composition of the Evaluation Panel is dependent on the entries received and the solutions proposed, and is at the Promoter's sole discretion.
21 This is a skill-based promotion. Chance will not play any role in determining the shortlist finalists or the Grand Prize winner. Each submission will be individually judged based on the Evaluation Criteria set out on the InfraChallenge Website (Evaluation Criteria).
22 The InfraChallenge 2021 will proceed in 2 stages as follows, at the conclusion of the Entry Period:
(a) Stage 1: Submissions
(i) The Evaluation Panel will judge each submission in accordance with the Evaluation Criteria.
(ii) In the first round judging, the Evaluation Panel will select up to 20 entrants whose submissions, on the assessment of the Evaluation Panel, best meet the Evaluation Criteria.
(iii) These 20 entrants will each receive a 6-week mentoring program to assist them in refining their entries (Mentored Entrants). The mentoring program will consist of 1 session per week with a mentor, of 1 to 2 hours’ duration. At the conclusion of the 6-week mentoring program, the Mentored Entrants will have an opportunity to make amendments to their entry and resubmit, or continue with their original entry without amendments.
(iv) The Mentored Entrants will then proceed to a shortlist, where they will be ranked from 1 to 20 in accordance with the Evaluation Panel’s assessment of how they meet the Judging Criteria.
(v) The Mentored Entrants ranked 1 to 10 will then be selected to proceed to the Infrachallenge Final.
(vi) Shortlisted entrants will be determined in the Evaluation Panel’s sole discretion based on the quantity and its judgement of the quality of submissions received.
(b) Stage 2: InfraChallenge Final
(i) The shortlisted entrants who are chosen to proceed to the Infrachallenge Final (Shortlist Entrants) will be notified by no later than 30 June 2021. The Shortlist Entrants will be contacted via the contact details provided to the Promoter at the time of entry.
(ii) The InfraChallenge Final will be held on 16 September 2021:
(A) via a web conferencing platform to be confirmed by the Promoter (in accordance with clause 6); or
(B) in Europe at a location to be confirmed by the Promotor, if the Promoter confirms the event will be held physically (in accordance with clause 7).
(iii) Shortlist Entrants will present their submission to a panel of judges (Final Judging Panel), in front of an audience. Shortlist Entrants may use any device(s) that may assist them in the presentation, provided they are able to be accommodated by the presentation format (that is, either physically on stage, or virtually via a virtual conferencing platform).
(iv) The Final Judging Panel will be constituted of between 4 to 6 judges, being 1 representative from the Promoter, along with representatives from the public and private spheres with experience relevant to judging the entries. The composition of the Final Judging Panel is dependent on the Shortlist Entrants’ entries and the solutions proposed, and is at the Promoter's sole discretion.
(v) Clauses 22(b)(vi) to 22(b)(viii) apply only where the InfraChallenge Final is confirmed as being held physically, in accordance with clause 7. If the Infrachallenge Final is not held physically, Shortlist Entrants are not entitled to receive the funds that would otherwise have funded their travel arrangements.
(vi) The Promoter will make travel arrangements for the Shortlist Entrants and fund those travel arrangements up to the value of AUD 4,000 per Shortlist Entrant. These arrangements include:
(A) economy return flights for each Shortlist Entrant from each entrant’s nearest airport to the location of the InfraChallenge Final;
(B) accommodation at a hotel of the Promoter’s choice for each Shortlist Entrant for 2 to 3 nights;
(C) ground transport from the airport nearest to the location of the InfraChallenge Final to the accommodation and return;
(D) ground transport from the accommodation to the InfraChallenge Final and return;
(E) breakfast (included with the accommodation), and on-site lunch catering at the Infrachallenge Final,
and all other meals, beverages, extra activities, spending money, and all other ancillary costs (including travel insurance) not expressly provided, as well as the responsibility to obtain any of these, are the responsibility of the Shortlist Entrant. Travel arrangements are at the Promoter’s discretion.
(vii) Shortlist Entrants are responsible for travel arrangements at their own cost to and from their nearest airport to their residences.
(viii) Shortlist Entrants are responsible for ensuring they have valid travel documentation (including passports, visas, and health certificates) and have complied with all other requirements and protocols for travel of their own jurisdiction, the jurisdiction of the InfraChallenge Final, and any other jurisdictions through which they transit (such as having completed periods of quarantine or having obtained relevant vaccinations and inoculations). Any penalties incurred by a Shortlist Entrant as a result of not meeting relevant requirements are the responsibility of the Shortlist Entrant.
(ix) Shortlist Entrants are responsible for obtaining all relevant and suitable travel insurance at their own cost.
(x) The Promoter assumes no responsibility, and each Shortlist Entrant releases the Promoter from all responsibility and liability for any injury, damage to persons or property, occurring as a result of or during travel to and from, and attendance at, the InfraChallenge Final.
(xi) Where the Infrachallenge Final is confirmed as being held virtually, Shortlist Entrants are responsible for arranging suitable devices and internet connection to facilitate the presentation, as well as a suitable space from which to present, and all travel to and from that space.
(xii) Inability to present at the Infrachallenge Final will disqualify a Shortlist Entrant from the Infrachallenge.
(xiii) At the conclusion of the Shortlist Entrants’ presentations (and subject to clause 22(b)(xiv)), the Final Judging Panel will rank the Shortlist Entrants from 1 to 10 based on the Final Judging Panel’s assessment of how they meet the Judging Criteria, and the Final Judging Panel’s assessment of the feasibility of the solution presented by each of the Shortlist Entrants, and each Shortlist Entrant’s ability to implement its solution to promote, enhance, or develop resilient infrastructure. The Shortlist Entrant ranked first will then win the Grand Prize.
(xiv) The Final Judging Panel reserves the right not to choose a Grand Prize winning entry and not to award any Grand Prize if they deem no Shortlist Entrant has adequately met the InfraChallenge Final Judging Criteria.
23 The evaluation and judging panels’ decisions will be final and no correspondence will be entered into.
24 The Promoter will award prizes as follows:
(a) Mentoring Prize x 20: Each of the 20 Mentored Entrants will be provided with a 6-week mentoring program (as set out in clause 22(a)(iii)) valued at approximately AUD $3,000 (including GST);
(b) Physical First Stage Prizes x 10: Where the InfraChallenge Final is confirmed as being held physically, each of the 10 Shortlist Entrants will be provided with the travel, accommodation and associated benefits set out in clause 22(b)(v) above in connection with the Infrachallenge Final up to a maximum value of AUD 4,000 (including GST). For clarity, this prize is not offered where the Infrachallenge Final is confirmed as being held virtually; and
(c) Grand Prize: the winning entrant, if any, will be provided with a single prize of a support package equal in value to AUD 50,000 (including GST) (comprising various support and professional services components, such as marketing, mentoring and professional development, as determined by the Promotor), which must be used to develop the winning solution presented at the InfraChallenge Final.
25 The total prize pool is valued at:
(a) AUD 80,000 (incl. GST) where the InfraChallenge Final is held virtually; or
(b) AUD 120,000 (incl. GST) where the InfraChallenge Final is held physically.
26 The Grand Prize winner (if any) will be notified in person at the InfraChallenge Final and in writing at the conclusion of the InfraChallenge 2021 Final on 16 September 2021. The name of the winner (if any) will be published on the InfraChallenge Website on or around the time that the winner is announced.
27 If a winner (either a Grand Prize winner, Mentored Entrant, or Shortlist Entrant) is disqualified or deemed ineligible in accordance with these terms of entry or a prize remains unclaimed after 14 days, and after reasonable efforts have been made by the Promoter to contact a winner, the winner forfeits the prize and the Promoter reserves the right to award the prize to the next-ranked entrant as determined by the Promoter in its sole discretion. The substitute winner, if any, will be notified via email and published on the InfraChallenge Website.
28 The prize of the support package will be delivered to the Grand Prize winner in a manner to be agreed with the winner, based on the winner’s availability for the various professional support components and the winner’s own progress in developing their winning solution (but otherwise within a reasonable period).
29 By accepting the Grand Prize, the winner agrees to participate in and co-operate as required with all reasonable marketing activities relating to the Grand Prize.
30 Entrants should seek independent financial advice regarding their participation in the InfraChallenge as tax implications may arise as a result of accepting a prize. Unless otherwise stated by the applicable tax regulation, any such tax implications are the sole responsibility of the entrant and the Promotor takes no responsibility and has no liability for any tax obligations of the entrants generally or winner specifically.
31 The Grand Prize must be used directly to develop and/or implement the winner’s solution presented at the Infrachallenge Final, as determined reasonably by the Promotor. This means that, for example, the support package provided as part of the Grand Prize must not be used in connection with ideas or solutions unrelated to the winning solution (such as exploring the feasibility of a different technology from that which was presented in the winning solution).
32 The Grand Prize winner must keep and maintain appropriate records (including any record required by the Promoter) to evidence that it is complying with clause 31. The winner agrees to give the Promoter and/or its authorised representatives access to all such records within a reasonable time of being requested, and in the format reasonably requested.
33 If the Grand Prize winner breaches clause 31, or the Promoter reasonably believes the winner has breached clause 31, the Promoter may do any one or more of the following:
(a) withhold some or all of the Grand Prize;
(b) reduce the total amount of the Grand Prize;
(c) impose additional conditions on the provision of the Grand Prize; and
(d) require the winner to return some or all of the Grand Prize.
34 If the Grand Prize winner is unable to use all of the Grand Prize for the implementation of its submission, then the Promoter may reduce the total amount of the Grand Prize to the amount able to be used by the winner.
Nature of entries and intellectual property
35 All entries are subject to moderation and review and may be rejected or removed at the absolute discretion of the Promoter.
36 Each entrant makes the following warranties to the Promoter:
(a) All submissions and presentations provided to the Promoter and the judging panels during the course of the InfraChallenge 2021 (Work or Works) are substantially the entrant’s own work.
(b) The Work does not infringe the rights of any third party, including, without limitation, intellectual property rights and moral rights. The entrant agrees to indemnify and release the Promoter against and from all costs and claims by third parties arising from a breach of this warranty.
(c) The Promoter will not breach any third party rights (including intellectual property rights and moral rights) when using any Work for the purposes the InfraChallenge 2021 and for future promotional purposes, so long as it uses the Work in accordance with these terms.
(d) The entrant owns the copyright and any other intellectual property rights in any material submitted in connection with the InfraChallenge 2021 and they have the power and authority to agree to and grant rights in the Work to the Promoter.
(e) The Work will not contain any content that is considered offensive or are derogatory or threatening in any way, or which conveys hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the InfraChallenge 2021.
37 All entries will be accepted at the discretion of the Promoter, who will exercise its judgement in ruling on questions of eligibility. The ruling of the Promoter on questions of eligibility will be final, and no further correspondence will be entered into.
38 InfraChallenge 2021 entries remain the property of the entrant. Copyright in any Work remains the sole property of the entrant.
39 Upon submission, each entrant grants the Promoter a non-exclusive, worldwide, royalty-free, transferrable, sublicensable, irrevocable licence to the Promoter to exercise the intellectual property rights in the Work in connection with the Infrachallenge and to use the Work for any business-related purpose in any medium or in the promotion of the Promoter’s work (as applicable). The entrant must to the maximum extent permitted by law, and warrants that it has, obtained all necessary consents from individuals not to enforce any moral rights (or similar rights) that may otherwise exist or be enforceable by those individuals absent that consent.
40 The Grand Prize is provided for the purpose of funding the implementation of the winning submission. The Grand Prize, or any unused portion of the Grand Prize, cannot be transferred to third parties or redeemed for cash or other value, free of the obligation to use it to implement the winning entry. For clarity, paying third party suppliers for inputs into the implementation of the winning entry is permitted.
41 A Mentoring Prize or Physical First Stage Prize, or any unused portion of a Mentoring Prize or Physical First Stage Prize, cannot be transferred to third parties or redeemed for cash or other value.
42 The Promoter reserves the right, at any time, and in its sole discretion to:
(a) request entrants to provide proof of identity;
(b) verify the validity of entries;
(c) disqualify any entry that it considers to be illegal, discriminatory, offensive or otherwise inappropriate; and
(d) disqualify any entrant who the Promoter has reason to believe has breached any of these terms of entry or engaged in any unlawful or other improper conduct or any conduct calculated to jeopardise the fair and proper conduct of the InfraChallenge 2021.
43 If for any reason the InfraChallenge 2021 is not capable of running as planned, including but not limited to tampering, unauthorised intervention, fraud, any technical difficulties, breakdown of communication facilities, pandemic or outbreak of infectious disease, quarantine restriction, or other public health crisis, or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the InfraChallenge 2021, the Promoter reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend the Infrachallenge, subject to state regulation.
44 The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as part of the Infrachallenge. To the extent permitted by law, the Promoter is not liable for any loss (including indirect and consequential loss) suffered to person or property by reason of any act or omission (including deliberate or negligent acts or omissions) by the Promoter or its employees or agents, in connection with entry into the Infrachallenge, the arrangement for the supply, or the supply, of goods or services by any person to the Mentored Entrants, Shortlist Entrants or Grand Prize winner and, where applicable to any persons accompanying the Mentored Entrants, Shortlist Entrants or Grand Prize winner. This clause does not affect any rights a consumer may have which are unable to be excluded under applicable law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any such rights is limited (at the Promoter’s election), in the case of a supply of goods, the Promoter replacing or repairing the goods or supplying equivalent goods, or in the case of a supply of services, the Promoter supplying the services again or paying the cost of having the services supplied again.
45 Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
46 If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being read down or severed from this document to the maximum extent allowable in the relevant jurisdiction, but the rest of this document will not be affected and the remaining provisions will continue in force.
47 The Promoter collects entrant personal information for the purpose of conducting and promoting the InfraChallenge 2021 (including but not limited to determining and notifying winners of the Mentoring Prizes, Physical First Stage Prizes and Grand Prize). If you are not willing for this to occur you cannot participate in the InfraChallenge 2021.
48 By entering the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use personal information collected (including an entrant’s name, images (whether still or moving) and voice) for the purposes of administration of the Infrachallenge, and in any media in perpetuity for promotional, marketing and publicity purposes without limitation, any further reference, or payment or other compensation to the entrant, including sending the entrant electronic messages.
49 The Promoter will hold and process the entrant’s personal information in accordance with the Promoter’s privacy policies (copies of which can be found on the InfraChallenge Website at www.infrachallenge.gihub.org/privacy-policy).
Governing law and jurisdiction
50. Except to the extent otherwise provided under the laws of an entrant’s resident country, if a dispute arises regarding these terms of entry, the InfraChallenge 2021, or any prize:
(a) the laws of New South Wales, Australia will apply; and
(b) you agree to submit to the exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from them.