TERMS & CONDITIONS
Business Navigator Western Downs (“BNWD”) is pleased to present the Business Navigator Pitch Challenge (“the Challenge”) 2020.
The Challenge is governed by the terms and conditions set out below. By entering the Challenge, you agree to abide by those terms and conditions, and the decisions of BNWD and the Challenge judges in this merit-based opportunity. You also agree to comply with all applicable laws.
1. The Business Navigator Pitch Challenge is a pitching competition run by the Business Navigator Western Downs (“BNWD”) program. The program is delivered by Toowoomba and Surat Basin Enterprise (“TSBE”) (ABN 85 155 004 523) (together, we, us or our). It is an opportunity to pitch your bright and innovative new business or business growth idea – whether service or product based to a panel of judges and in front of a live audience.
2. The judges will award a number of prizes. The prizes are not transferable or exchangeable.
3. Entering the Challenge does not guarantee that you will win a prize or derive any other benefit. The prizes are awarded at the judges’ sole discretion. We are not responsible in any way for the decisions, actions or conduct of the judges. Our decisions (and those of the judges) in respect of all aspects of the Challenge are final.
4. Individuals and businesses may enter the Challenge
To be eligible to apply as an individual, you must:
(a) not be an officer or employee (or the immediate family of an officer or employee) of BNWD or TSBE; and
(b) either ordinarily reside in the Western Downs Regional Council area or satisfy the organisers that your idea will have significant potential benefit (new innovation, investment or job growth) for the Western Downs; and
(c) satisfy the conditions of the prize category you are applying for – refer to point 5.
To be eligible to apply as a business, you must:
(a) not have any office bearers or employees that are also officers or employees (or the immediate family of an officer or employee) of BNWD or TSBE; and
(b) have a duly authorised business representative submit the application and that person be prepared to deliver a pitch, should you be selected as a finalist; and
(c) be able to show significant commitment to the Western Downs region. In assessing your eligibility, organisers will consider such factors (including but not limited to): registered address, main business address, residential address of the majority of business owners, the balance of your business activity and future focus; and
(d) satisfy the conditions of the prize category you are applying for – refer to point 5.
5. You can only apply for entry in ONE (1) category. You must satisfy the criteria for the category applied for:
Best New Business Idea – entrants must:
be either pre-start or have commenced trading in that business after 1 January 2019; and
have 3 or less FTE (full time equivalent) staff as of 1 January 2020.
(NB: all entrants with greater than 3 FTE’s or trading for longer than one year must enter the Best Growth Idea category).
Best Business Growth Idea – entrants must:
have commenced trading in that business prior to 1 January 2019 OR have more than 3 FTE staff as at 1 January 2020.
6. Winners from the 2018 Pitch Challenge (ie. Entrants who made it through to the Finals) are welcome to apply to be part of the 2020 Pitch Challenge, but must submit a new / different idea.
7. The Challenge organisers may request valid proof of identity, residency, age and other relevant documentation pertinent to the entire Pitch Challenge process and/or the assessment of applicants, and Challenge organisers may disqualify an entrant if the organisers determine (at their sole discretion) that the provided proof is not sufficient. Identification and diligence information requirements considered suitable for verification is also at our discretion.
8. To apply, you must submit a fully complete application form (an “Application”) by 12pm AEST 20 January 2020, via the website www.pitchchallenge.com.au. We are not liable for late, lost, misdirected, incomplete or incorrectly submitted applications. It is the responsibility of the applicant to ensure that your completed application has been successfully submitted and received and to provide adequate and accepted proof of timely and complete submission as required.
9. By submitting an Application, you:
agree to be bound by these terms and conditions;
agree to provide marketing and media consent to BNWD and its partners. To represent the brands of the respective organisations in a positive light and by doing so to help to increase the respective brand awareness of the BNWD program. In particular, to embody and convey BNWD key messages, values and ethics to the outside world;
agree to receive direct marketing materials from BNWD in relation to our products, services, events and other information we consider may be of interest to you. You are able to unsubscribe at any time by emailing firstname.lastname@example.org;
if you are selected to participate in the Semi-final, agree to make yourself available:
(i) to participate in pitch training provided by BNWD; and
(ii) between 9am and 5pm on Thursday 5 March 2020 to pitch your idea to a panel of judges and participate in media interviews and photographs in Chinchilla (see section Release & Waiver).
if you are selected to participate in the Final, agree to make yourself available:
(i) between 9am and 10pm on Thursday 19 March 2020 in Chinchilla, to pitch your idea to a panel of judges, participate in media interviews and photographs, and repeat your pitch in front of an audience at the Finals dinner (see section Release & Waiver); and
(ii) on the day after the Final, to participate in media interviews and photographs.
10. We may, in our sole discretion, refuse or exclude your Application, at any time during the running of the Challenge.
11. After evaluation of all the applications, the judges will select a maximum of six applicants in each category to pitch at the Semi-finals on 5 March 2020. If you are selected to participate in the Semi-final you must arrange your own travel and meet your travel costs of attending both the workshop training and the event. Three semi-finalists will be selected by judges to compete in the Final. If you are selected to participate in the Final, you must arrange your own travel and meet your travel costs. For participants who reside outside Chinchilla, we will arrange and meet the costs of a double or twin hotel room in Chinchilla on 19 March 2020.
12. If any aspect of the Challenge cannot run as planned because of any cause beyond our control, we may in our sole discretion cancel, terminate, modify or suspend the Challenge.
13. We may disqualify you from the Challenge at any point:
(a) if you breach these terms and conditions;
(b) if you breach any applicable law;
(c) if you are party to any act or thing prejudicial to our goodwill, commercial reputation or overall public image.
Intellectual property and disclosure
14. You warrant that:
(a) the ideas that you present in connection with the Challenge, 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 the Challenge;
(b) your use of ideas or information in relation to the Challenge 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.
15. In relation to your own intellectual property rights, or intellectual property rights of others that you use with consent in relation to the Challenge, you acknowledge that by disclosing information in the Challenge 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 Challenge to disclose the information in any way whatsoever and to use the information in any way for the purposes of or related to the Challenge.
16. We recommend that you do not disclose information in relation to the Challenge 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.
17. We recommend that you seek legal advice in relation to intellectual property. You acknowledge that you have had the opportunity to do so.
18. You expressly authorise us to use the information you provide including your name for the purpose of the Challenge including promoting the Challenge and related activities conducted after conclusion of the Challenge.
Release and waiver
19. 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 Challenge (the Media Materials), free of charge, in order to prepare promotional or other material for the purpose of or related to the Challenge. 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.
20. 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 Challenge; and
(b) provide the Media Materials (and for the use at their respective discretion) to TSBE and our sponsors. You will not be advised of the specific entity provided with the Media Materials before they are used.
21. 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
22. 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 Challenge. This includes personal injury and property damage.
(b) you acknowledge that the details of the Challenge 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 Challenge to your circumstances;
(ii) the suitability of judges;
(iii) your prospects of winning a prize;
(iv) the effect of the Challenge on you or your idea; or
(v) any other thing related to the Challenge.
(c) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Challenge and the subject matter of our agreement with you. This agreement supersedes any prior understanding – assumed, implied, communicated or other.
(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.
23. 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 Challenge.
24. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
25. You acknowledge that you have not relied on any warranty or representation other than those found in these terms and conditions.
26. 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.