MARKETING INNOVATION [MKT] - PDF Free Download

MARKETING INNOVATION [MKT] Marketing Innovation recognises products and services that provide innovative solutions for new and existing market needs in the fields of marketing and communications. 2018 ENTRY GUIDELINES Entries Close: 8 March 2018 Powered by awardbase WORLD BUSINESS AWARDS F R A M E W O R K

MKT RECOGNITION & ACCOLADES Now in their 13th year, The Australian Business Awards are an annual all-encompassing awards program which recognises organizations that demonstrate the core values of business innovation, product innovation, technological achievement and employee engagement via a set of established business and product award categories. The program provides a notable opportunity high-performing organizations which implement world-class business initiatives and develop innovative products and services to be acknowledged and honoured for their achievements both nationally and internationally. The Australian Business Award winners will participate in the international chapter of the program at the World Business Awards. The World Business Awards seeks to engage with the world s business, innovation and technology leaders through a global recognition and knowledge building initiative that is underpinned by the program s established framework. The program convenor publicises the achievements of the organizations and their award-winning products and services through various multimedia channels, creating opportunities for publicity, building brand awareness, prestige and loyalty through increased exposure, recognition and acknowledgement. Recipients are presented with accolades and materials that can be used to publicise their achievement through their own multimedia, marketing, advertising, promotional and public relations activities including internal and external communications. There is no requirement for participants to attend an event relating to the national and international winners announcements. AWARD AUTHENTICATION Details of the respective award and winner s mark are displayed publicly by the convenor in the form of a digital authentication page located on the program website(s). The award authentication outlines the award category, the organization, product name and displays the winner s mark in a standardised format for public reference. NOTARISED FRAMED CERTIFICATE Each award recipient is issued with a framed certificate which displays the recipient s name, award name, winners mark, authenticity seal, signature of authorised officer and is dated upon issue. The framed certificate is produced exclusively by the program convenor. WINNER S MARK & WINNER S PHRASE The award-winning organizations have use of the prestigious winner s mark and phrase to publicise their achievement through their own various marketing, promotion, advertising and public relations activities. CUSTOM PRODUCED DIGITAL FILES Award recipients are provided with web and print files of the winners mark for their use and display as well as various custom produced files that can be used on marketing and promotional materials, signage, email signatures and various social media platforms. MEDIA CAMPAIGN The convenor will launch a media campaign to promote the award-winning organizations and their achievements which will include editorial coverage. Award recipients may be requested to participate in the media and publicity campaign for the program. Specialising in multi-channel progressive publishing and hybrid events through resultsdriven multimedia. The convenor communicates information in a variety of formats through interactive multimedia that informs, educates, inspires and entertains. MEDIA RELEASE TEMPLATE A media release template and program data are provided to each award recipient to assist in their own media and public relations activities. 02

BUSINESS PRODUCT CATEGORIES MKT Products are recognised and celebrated via a set of product award categories. All products are evaluated against the PREF assessment module (refer to pages 9-12). Entry is open to all domestic and international business products commercially available on the Australian market. Products can include but are not limited to goods, services, devices, equipment, programs, processes, activities, applications, information, knowledge, software, cloud-based services, platforms and systems. Multiple entries may be submitted. There is no restriction regarding how many entries or different categories organizations can enter. For entries relating to Consumer Products please refer to The Australian Brand Awards entry guidelines located in award base. Product Excellence - PXA New Product Innovation - NEW Product Innovation - PIA The Australian Business Award for Product Excellence recognises products and services of exceptional quality offering a point of difference from their competitors. New Product Innovation recognises innovative products and services recently launched to market offering a point of difference from their competitors. Products entered in this category must have been launched on to the Australian market after 1st January 2017 to be eligible. The Australian Business Award for Product Innovation recognises products and services that provide innovative solutions for new and existing market needs. Eco Innovation -ECO Marketing Innovation - MKT Cloud Innovation - CLD Eco Innovation recognises environmentally conscious products and services that provide innovative solutions for new and existing market needs. Marketing Innovation recognises products and services that provide innovative solutions for new and existing market needs in the fields of marketing and communications. Technology Innovation recognises products and services that provide innovative technological solutions for new and existing market needs. 03

BUSINESS PRODUCT CATEGORIES MKT Products are recognised and celebrated via a set of product award categories. All products are evaluated against the PREF assessment module (refer to pages 9-12). Entry is open to all domestic and international business products commercially available on the Australian market. Products can include but are not limited to goods, services, devices, equipment, programs, processes, activities, applications, information, knowledge, software, cloud-based services, platforms and systems. Multiple entries may be submitted. There is no restriction regarding how many entries or different categories organizations can enter. For entries relating to Consumer Products please refer to The Australian Brand Awards entry guidelines located in award base. Technology Innovation - TEC Software Innovation - SWR Mobile Innovation - MBL Technology Innovation recognises products and services that provide innovative technological solutions for new and existing market needs. Software Innovation recognises software products and services that provide innovative solutions for new and existing market needs. The Australian Business Award for Mobile Innovation recognises mobile applications, products and services that provide innovative solutions for new and existing market needs. Service Innovation - SRV UX UX Design Design Innovation - UXD CRM Innovation - CRM The Australian Business Award for Service Innovation recognises service products that provide innovative solutions for new and existing market needs. UX Design Innovation recognises products and digital solutions that offer a point of difference from their competitors in user experience through design excellence. The Australian Business Award for CRM Innovation recognises products and services that provide innovative solutions for new and existing market needs in the field of customer relationship management. 04

MKT ASSESSMENT METHODOLOGY The program engages with organizations worldwide to benchmark the full spectrum of their products, services and initiatives and to review their business performance. The Australian Business Awards are the national chapter and the World Business Awards are the international chapter. The Australian Business Award winners will be benchmarked in the international chapter of the program at the World Business Awards. The process culminates in the recognition of organizations which implement world-class business initiatives and develop innovative products and services, being acknowledged for their achievements both nationally and internationally. The recipients are recognised as the elite of their industry earning a place amongst a distinguished group. ASSESSMENT FRAMEWORK Entries are assessed utilising a robust and dynamic framework to ensure that the assessment process is pertinent and objective. The World Business Awards Framework (WBA Framework) is utilised as a structured model of assessment that enables the participating organizations to be benchmarked against world class performance standards. The WBA Framework consists of specialised assessment modules pertaining to the evaluation criteria for each of the award categories. The criteria provide a robust set of requirements that are used as the methodology for benchmarking and knowledge building among the participating organizations. PROGRAM CONVENOR Interested in Business is the convenor of the program and the architect of the World Business Awards Framework and the Employer of Choice Framework. Interested in Business proudly collaborates with some of the world s leading award programs providing seamless delivery of essential awards processes. Interested in Business provides a range of program management and consultancy services utilising specialist knowledge, methodologies, frameworks and systems to ensure program outcomes that are innovative, technically superior and cost effective. Please refer to www.interestedinbusiness.global for more information about Interested In Business program management. ASSESSMENT FEE The entrant is required to pay a one-off assessment fee if the entry submitted is selected to progress to the second stage of the assessment process at The Australian Business Awards. The applicable assessment fee for this category is $2000.00 AUD (GST inclusive) per entry submitted. Recipients are not required to pay any additional fees (including licence fees) upon payment of the applicable assessment fee as specified above. Eligible organizations will be automatically benchmarked at the international chapter of the program at the World Business Awards. Entry into the World Business Awards does not incur an additional fee to participate. FEE REFUND POLICY The Entrant is entitled to a refund of the Fee paid if the Entry submitted is not selected as an award winner in their category at the national chapter of the program at The Australian Business Awards. The official announcement for The Australian Business Awards is currently scheduled to take place on 27 June 2018. ENTRY DEADLINE Entries are currently being accepted. The entry deadline is Thursday 8 March 2018. Please ensure that you submit your entry on or before 11.59pm on 8 March 2018. Entrants will be notified by email at the conclusion of the assessment process. CONTACT INFORMATION Website: www.australianbusinessawards.com Email: support@awardbase.com.au Phone: 1300 790 593 STAY CONNECTED Twitter: @austbizawards Instagram: @australianbusinessawards 06

PROGRAM FLOW CHART 1 st Tier : National Chapter Entries Open Entries Close First Stage Evaluation NO YES Assessment Fee Required Invoice Issued Second Stage Evaluation Winners Selected NO YES National Winners Announced 2 nd Tier : International Chapter All National Winners are Automatically Benchmarked at the International Chapter Winners Selected International Winners Announced N.B.The program is conducted online. There is no requirement to attend an event relating to the National and International winners announcements. 07

ENTRY REQUIREMENTS MKT PRODUCT ELIGIBILITY Entry is open to all business products available in the Australian marketplace. Products can include but are not limited to goods, services, devices, equipment, programs, processes, activities, applications, information, knowledge, software, cloud-based services, platforms and systems. Products must be commercially available and comply with all applicable standards and regulatory requirements prior to entry. Prototypes or products still undergoing trials are ineligible to enter. For entries relating to Consumer Products please refer to The Australian Brand Awards entry guidelines located in award base. WRITTEN SUBMISSION (COMPULSORY) You are required to complete a written submission that addresses the 4 evaluation criteria of the PREF Assessment Module for a specific product (refer to pages 9-12 for more information). The submission must be created as an unlocked, unrestricted, printable and copyable PDF or word document (no larger than 10MB s) named as follows: ProductName-2018 WRITING STYLE Your submission should describe and inform in a thorough and logical manner and should be presented in a report format. When writing your submission, the information should be expressed in an objective manner. To do this well, your submission should be written in third person making your position as a writer an impartial observer. Avoid using too much technical jargon or any slang. The language used for your entry should be straightforward, clear and concise. SUPPORTING INFORMATION (OPTIONAL) You may include any relevant information enabling you to provide evidence where necessary to enhance, validate or illustrate points or claims contained in your submission. Supporting information is optional and can be embedded in the body of the submission or submitted as an appendix at the end of the document (preferred method) or uploaded as a separate file. Supporting information is not included in the maximum word count for each section. Examples of information that could be included are images, graphics, figures/tables/charts/ graphs of results, statistics, reviews, research reports, process maps any type of technical information and various forms of digital media such as videos or advertising footage. Digital media should be viewed online by providing the applicable url link to YouTube, Flickr or similar. Each appendix should be lettered (Appendix A, Appendix B, Appendix C, etc.) Files should be clearly named using no more than 31 alphanumeric characters using hyphens or underscores only to avoid file corruption. Please do not use any other non-alphanumeric characters, including spaces when naming files. Entries containing multiple files should be compressed and zipped into a folder (no larger than 10MB s) prior to upload. The folder should be named as follows: ProductName-2018 PRIVACY Commercially sensitive or confidential information should be omitted from the body of the submission and submitted as an appendix or uploaded as a separate file marked as not for publication. This information will be used for assessment purposes only and will remain confidential as commercial in confidence. Submissions which are which are marked private, confidential, not for publication and/ or commercial in confidence in their entirety will not be considered. By entering the program you authorise the use of the name of the organization and/or the product entered including the information provided in the body of the submission to be used for display on the program website, editorial and for subsequent publicity, promotions and other activities relating to the program initiated by the convenor and the program partners upon selection for an award. The convenor does not publish the names or any information from the entries of participants that have not been selected as an official award recipient. MULTIPLE ENTRIES Multiple entries may be submitted. There is no restriction regarding how many entries, different products or categories participants can enter. SUBMITTING YOUR ENTRY You may submit your entry via the online entry form using the 256-bit secure server located at businessawards.com.au/login Upload Restrictions: A maximum of 2 uploads (no larger than 10MB s each) may be submitted per entry. ENTRY DEADLINE Entries are currently being accepted. The entry deadline is Thursday 8 March 2018. Please ensure that you submit your entry on or before 11.59pm on 8 March 2018. Entrants will be notified by email at the conclusion of the assessment process. 08

MKT PREF ASSESSMENT MODULE The key attributes of the PREF Assessment Module outline the characteristics of innovative, technologically advanced, high-performing products. All products are evaluated against the PREF assessment module. Products can include but are not limited to goods, services, devices, equipment, programs, processes, activities, applications, information, knowledge, software, cloud-based services, platforms and systems. Products must be commercially available and comply with all applicable standards and regulatory requirements prior to entry. Prototypes or products still undergoing trials are ineligible to enter. Please refer to the PREF Submission guidance notes on the next page of this document for more information. 09

MKT PREF SUBMISSION GUIDANCE NOTES 1. You are required to complete a written submission that addresses the 4 evaluation criteria of the PREF Assessment Module for a specific product. 2. Before you begin to write your submission, it is recommended that you familiarise yourself with the type of information required in each section. 3. Each section contains a set of bullet points as suggested inclusions. You are not limited to just the suggested inclusions and you may include other relevant information. 4. Please refer to page 12 of this document titled PREF Submission Format for further information. You may also login to award base to view an entry example. 1. PROFILE Profile refers to the entry profile. SUGGESTED INCLUSIONS: (1000 words maximum)* Compile an organisational profile including any relevant background information. Compile a product profile describing the products core functions, uses and purpose. Outline the product s history and any relevant background information. Include information about any regulations or standards that may apply. 2. R&D R&D refers to the product innovation delivered through research and development. SUGGESTED INCLUSIONS: (1000 words maximum)* Document the innovation delivered through research and development. Innovation can include but is not limited to improved product design, quality, safety, compliance, affordability, usability, reliability, efficiency, efficacy and sustainability. Include any improved process delivery or technology that has been developed. Document any benchmarking and/or competitor analysis that has been conducted. Define what differentiates this product from other products on the market. 010

MKT PREF SUBMISSION GUIDANCE NOTES 3. END USER End User refers to the product benefits delivered through user experience. SUGGESTED INCLUSIONS: (1000 words maximum)* Define how the product satisfies customer needs or wants and thereby benefits the end user. Define how the product delivers an exemplary user experience. Document any benchmarking and/or competitor analysis that has been conducted. Highlight the product benefits that enhance the appeal of the product to the end user. 4. FEATURES Features refers to the distinctive product characteristics. SUGGESTED INCLUSIONS: (1000 words maximum)* Define any distinctive elements or components of the product. Define any distinctive capabilities of the product. Define any distinctive physical characteristics of the product. Define the various sizes, versions, models, varieties etc. Highlight the product features that enhance the appeal of the product. * Maximum Word Count There is no minimum requirement however, each section (not including any appendices) should not exceed 1000 words. Any submission that exceeds the 5000 words maximum by a small margin will be accepted however, if the organisers determine that it is too long the entrant may be requested to edit and re-submit. In this instance the entrant contact will be notified. Supporting information is optional and can be embedded in the body of the submission or submitted as an appendix at the end of the document (preferred method) or uploaded as a separate file. Supporting information is not included in the maximum word count for each section. 11

PREF SUBMISSION FORMAT MKT This page has been provided to serve you as a guide when completing your written submission. The submission must be created as an unlocked, unrestricted, printable and copyable PDF or word document. The document should be formatted as outlined below. Create a table of contents outlining each section and the corresponding page Page Number number. Contents Cover Page Organisation Name Product Name 1. Profile 1 2. R&D 2 3. End User 3 4. Features 4 Appendices (Optional) Appendix A Product Features Appendix B Benefits Matrix Appendix C Research Report (Not for Publication) List all Appendices (if included). (Footer) Product Name / Year page 1 of 11 Section Title Section Number 1. Profile (Compulsory) 4. Features (Compulsory) Supporting information such as product images and url links can be included in the body of the submission. ABC Media Youtube: www.youtube.com 2. R&D (Compulsory) Data table: www.url.com.au For Research Report (Not for Publication) refer appendix C Appendix A (Optional) Each appendix should be cross-referenced in the body of the submission and/or itemised on the contents page. Appendices can be submitted at the end of the document. 3. End User (Compulsory) Product Name / Year (Footer) page 1 of 11 Product Name / Year (Footer) page 1 of 11 Each page should be numbered consecutively. The Name of the Product and Year entered should be included in the footer of each page. 12

TERMS & CONDITIONS OF ENTRY MKT 1. DESCRIPTION OF THE AWARDS Interested In Business Pty Ltd, ACN 158 882 298 is the Convener (The Convener ) of The Australian Business Awards which seeks to recognise Australia s Business, Innovation and Technology Leaders through an established set of business and product award categories to be officially announced by the Convener ( Official Announcement ). Eligible organizations from the national chapter will participate in the international chapter of the program (the Program ) at The World Business Awards. 2. BINDING AGREEMENT In order to enter the Program, the entrant ( Entrant ) must agree to and comply with the Terms and Conditions of Entry ( Terms ) presented here. Please read these Terms carefully as this is a legally binding agreement that the Entrant agrees to by submitting an Entry into the Program. 3. ORGANISATIONAL ELIGIBILITY The Program is open to organisations operating in Australia including: i. Private Companies ii. Public Companies iii. Multi-National Subsidiaries iv. Local and State Government v. Government Departments vi. Government Agencies vii. Government Authorities viii. Statutory Bodies ix. Non-Government Organizations x. Educational Institutions xi. Franchise Systems xii. Partnerships 4. BUSINESS AWARD CATEGORIES AND ELIGIBILITY (a) There are 16 business award categories: i. Business Innovation ii. Business Excellence iii. Business Technology iv. Marketing Excellence v. Brand Management vi. Project Management vii. Community Contribution viii. Risk Management ix. Human Resource Management x. Change Management xi. CX Management xii. Process Management xiii. Sustainability xiv. Communications Excellence xv. Service Excellence xvi. Employer Of Choice (b) Initiatives delivered through the private, public and non-profit sectors are eligible to enter. This includes but is not limited to projects, programs, processes, services, systems, technologies, developments, ventures and undertakings. 5. PRODUCT AWARD CATEGORIES AND ELIGIBILITY (a) There are 15 product award categories: i. Product Excellence ii. Product Innovation iii. New Product Innovation iv. Technology Innovation v. Cloud Innovation vi. Software Innovation vii. UX Design Innovation viii. Logistical Innovation ix. Process Innovation x. CRM Innovation xi. Digital Innovation xii. Mobile Innovation xiii. Marketing Innovation xiv. Service Innovation xv. Eco Innovation (b) Products can be tangible or intangible. This includes but is not limited to: manufactured goods, devices, equipment, services, programs, projects, activities, information, knowledge, software, cloud-based services, platforms and systems. (c) Products must be complete products, not parts thereof. A system or component of a product is not eligible to enter on its own unless it is sold separately. Prototypes, off-tool samples or products still undergoing trials are not eligible to enter. Therapeutic goods must have Therapeutic Goods Administration (TGA) approval to be eligible to enter. (d) Products must comply with all applicable standards and regulatory requirements for the intended marketplace. Entrants may be required to provide evidence of compliance. (e) The product must be commercially available on the market prior to entry and all product samples must be provided as commercially packaged (including user handbooks, instructions, instruction manuals, installation guides and warranties). 6. SUBMISSION OF ENTRIES (a) The written submission ( Entry or Entries ) must be submitted online via the Program website by (the Entry Deadline ) as specified on page 4 of this document. (b) The Entrant warrants that it has all the necessary rights to submit the Entry and that all information submitted by it is true, current and complete. (c) Any Entry sent without completing the online entry form will be deemed invalid. (d)the Convenor will not be held responsible for any incomplete, damaged, corrupt or non-receipt of Entries. (e) Entrants must not make any claims that they have been nominated, short listed, are a runner-up or a finalist for an award. (f) There is no limit to the number of Entries that may be submitted from the same organization. (g) Entrants must not use any intellectual property (including trade marks or copyright works) of the Convenor s except as licensed as an Award Winner under clause 10 of these Terms. 7. ASSESSMENT OF ENTRIES (a) All Entries are assessed in accordance with the entry requirements as set out in this document. (b) The Award Winners will be selected at the end of an assessment process coordinated by the Convenor. (c) The assessment panel is coordinated by the Convenor at its absolute discretion. Members of the assessment panel are required to sign a confidentiality agreement and declare any conflict of interest and withdraw from deliberations concerning those Entries. (d) Where product Entries are submitted. Entrants may be requested to submit a product sample for assessment (subject to product type, classification, size and weight restrictions) as deemed appropriate by the Convenor. (e) Entrants are responsible for delivery and collection of all products (including the cost of transport). Products can be collected within 30 days of the Official Announcement of the Award Winners. Any products not collected within this period will be retained by the Convenor to do with what they deem fit, such as use in future exhibition and promotional opportunities or destruction. (f) Products are submitted at the Entrant s own risk. The Convenor, its employees and contractors will not be liable for any damage or loss caused to any products including during transportation, dismantling (which may be required for assessment), handling or storage. Insurance of any products is the responsibility of the Entrant. Insurance to cover damage or loss is recommended if the value of the product is considerable. (g) The Convenor reserves the right to request additional information concerning any Entry, as deemed appropriate by the Convenor. (h) The Convenor reserves the right to request evidence of standards and regulatory compliance, registration of patents, trade marks, design registrations or IP ownership where applicable. (i) The Convenor reserves the right to refuse to accept any Entry which does not comply with the Entry Guidelines or these Terms or which contravenes the integrity of the Program. (j) The Convenor reserves the right to make no award in any category if the Entries received do not meet the required standard for that category. (k) The Convenor s decision as to selection of Award Winners is final and cannot be appealed. (l) The Award Winners will be notified by confidential mail prior to the Official Announcement. 8. ASSESSMENT FEE & REFUND POLICY (a) Entrants that successfully progress to the second stage of the assessment process in the national chapter of the Program at The Australian Business Awards are required to pay the applicable assessment fee ( Fee ) as specified in the section titled Assessment Fee on page 3 of this document. (b) The Entrant is entitled to a refund of the Fee paid if the Entry submitted is not selected as an Award Winner in their category in the national chapter of the Program at The Australian Business Awards. The Convenor will process the refund of Fee paid within 10 business days of the Official Announcement of the national Award Winners by the Convenor. (c) Entrants are not required to pay any additional fees, upon payment of the Fee as specified in Clause 8(a) to participate in the international chapter of the Program at The World Business Awards. (d) Except as provided, the Fee is not refundable. 9. ENTRANT S INTELLECTUAL PROPERTY (a) Entrants are solely responsible for the information to be disclosed as part of their entry (including, but not limited to, any intellectual property rights or confidential information). (b) Entrants warrant that they own or have the right to use any intellectual property comprised within their entry including the Entry Form, Written Submission and Supporting Information and that no intellectual property or other rights of any third party will be infringed in submitting the entry or use by the Convenor in accordance with the Terms. (c) Entrants will take sole responsibility for protecting their rights in any intellectual property to be disclosed as part of their entry. Entrants are reminded that disclosure of any intellectual property in the Entry without protection may compromise or invalidate those rights. For detailed advice, Entrants should consult a specialist lawyer (or other appropriate professional). 10. PUBLICATION BY THE CONVENOR (a) The Convenor may publish details about Award Winners and any or all of their Entries (including Written Submissions and Supporting Information) but excluding any Supporting Information marked not for publication, in any media including in print and on-line publications or magazines or on the Program websites and in any associated promotional material. Award Winners may also receive invitations to give media interviews. Further information may also be sought from Award Winners to be publicised as part of the Convenor s promotion of the Program. (b) Without limiting (a), details of the each Award are displayed publicly by the Convenor in the form of a digital authentication page located on the Program website. The award authentication outlines the award category, the organization name, product name where applicable and displays the licensed mark in a standardised format for public reference. 11. PRIVACY (a) The Convenor collects, uses, discloses and otherwise handles the Entrants personal information in accordance with the terms of its Privacy Policy. (b) To protect Entrant s privacy throughout the assessment process the Convenor will not provide any information whatsoever about Entries to anyone other than the Entrant Contacts as specified on the Entry Form. The Primary Contact a specified on the Entry Form must be a company officer or employee of the organization entering the Program. (c) The Convenor will not publish the name of any Entrant nor disclose or reproduce any information from any Entry where that Entrant has not been selected for an Award in respect of that Entry. If an Entrant is not successful for an Award, then their details remain confidential. 13

TERMS & CONDITIONS OF ENTRY MKT (d) Any commercially sensitive or confidential information should be omitted from the body of the Written Submission submitted by the Entrant. All commercially sensitive or confidential information must submitted as an appendix or separate file and be clearly marked not for publication. The Convenor agrees to keep this information confidential and to use it for assessment purposes only. 12. LICENCE TERMS (a) The Term of the Licence begins on the day of the Official Announcement by the Convenor. (b) The Licence is conditional on payment of the Fee in accordance with Clause 8. (c) The Licence continues on an ongoing basis unless it is terminated by the Convenor in accordance with Clause 12.6. 12.1 LICENSED MATERIALS ISSUED TO AWARD WINNER Award Winner will receive: (a) A non-transferable, non-exclusive license as stipulated on page 3 of this document, in the Media Guidelines and the associated artwork supplied by the Convener ( Licensed Materials ) to use for (the Term ) and any extended term as set out in these terms (the License ) and in accordance with the Media Guidelines. (b) Production of the Licensed Materials will only proceed if the Entry has been selected for the award as determined by the Convener and is subject to the License Terms and Media Guidelines. (c) The Convener will administer the Licensed Materials and will oversee its proper use to ensure the integrity of the Program. 12.2 USE OF LICENSED MATERIALS BY AWARD WINNER: (a) Must not publish any document or sell any product bearing any of the Licensed Materials until the day of the Official Announcement by the Convenor; (b) Must only use the Licensed Material in the manner specified by Convenor in these Terms, the Usage Guidelines and Media guidelines; (c) Must only use the Licensed Material in the form supplied to it by Convenor and must not use any other material obtained by Award Winner from Convenor s website or any other source including any other trade marks owned by Convenor; (d) Must not use or display the Licensed Material in any way that may indicate or imply, whether directly or indirectly, that Convenor has authorised or endorsed the provision of any of Award Winner s goods or services or made any representations about the quality of any of Award Winner s goods or services provided in connection with its business activities; (e) Must not do or say anything which may damage the reputation of Convenor or the Program; and (f) Must not use or display the Licensed Material in any way that would be considered defamatory to any person or that would constitute a breach of any law or statute constitute a breach of any law or statute. (g) Must only use or display the Licensed Material in relation to the actual Entry submitted. 12.3 QUALITY CONTROL (a) Convenor reserves the right, at any time, to require Award Winner to provide evidence of how the Licensed Materials are being used by the Award Winner. Convenor reserves the right to make inquiries and inspections as required to confirm ongoing compliance by Award Winner with these Terms. (b) Award Winner must immediately notify Convenor of any change to Award Winner s contact information. 12.4 SUB-LICENCE (a) Subject to clause 12.4(b) Award Winner may permit its consultants and contractors ( Consultant ) to use the Licensed Material solely on Award Winner s behalf for the purposes set out in these Terms, but only if: (i) Consultant agrees to comply with these Terms; and (ii) The Consultant agrees to return all copies of the Licensed Material to Award Winner immediately after ceasing to be employed or engaged by Award Winner. (b) Award Winner must ensure that its Consultants comply with these Terms and acknowledges that it is liable for its Consultants use of the Licensed Material and any failure of its Consultants to comply with these Terms. 12.5 CONVENORS INTELLECTUAL PROPERTY (a) The Award Winner acknowledges that it acquires no rights, title or interest in or to the Licensed Material, (or copies made) except as expressly set out in these Terms. Award Winner acknowledges that the Licensed Material (including copies) is and will remain the property of Convenor or its successors or assigns and must be returned on request by Convenor. (b) Award Winner agrees not to claim that it has any rights, title or interest in the Licensed Material (or any other Convenor s intellectual property) except for those expressly set out in these Terms. Award Winner must not take any action, or assist any person to take any action, which would or might invalidate or put into dispute Convenor s rights, title or interest in the Licensed Material or any other intellectual property. 12.6 TERMINATION (a) Convenor may immediately terminate the Licence and revoke the Award by written notice where: (i) The Convenor decides (in its absolute discretion) that the Award Winner has or will bring the Convenor or the Program into question; or (ii) The Award Winner does or omits to do anything which may damage the reputation of the Convenor or the Program; or (iii) If the Award Winner is found to have provided false, misleading or inaccurate information, or (iv) The Award Winner is unable to pay its debts or if a receiver administrator or other controller has been appointed over the assets of the Award Winner. (b) Without limiting (a), Convenor may terminate the Licence by written notice if Award Winner is in breach these Terms or, where the breach is capable of remedy and Award Winner fails to remedy that breach fully within 30 days after being requested in writing by Convenor to do so. (c) On termination of the Licence, Award Winner must: (i) Immediately cease displaying and using the Licensed Material; (ii) Undertake any and all acts necessary to permanently remove the Licensed Material and any information or other documentation associated with it from all material manufactured, used, distributed or published by Award Winner; (iii) At Convenor s discretion, return or dispose of the Licensed Material and information in the manner directed by Convenor within 30 days of termination; and (iv) Ensure that all Consultants immediately comply with this clause. 13. ACKNOWLEDGEMENTS AND LIABILITY (a) Entrant acknowledges that it has exercised its independent judgment in submitting the entry and seeking the Licence and has not relied on any representation by Convenor which is not stated expressly in these Terms or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by Convenor. (b) To the extent permitted by law, all warranties, guarantees, conditions, representations and statements (whether express or implied and statutory or otherwise) regarding the condition of the Licensed Material are excluded. Where exclusion of implied warranties or statutory guarantees is not permitted, to the extent permitted by law, Convenor s liability for breach of such warranties or guarantees is limited, at Convenor s option, to re-supply of the affected goods or services or payment of the cost of re-supply. (c) Despite anything else in these Terms except clause 12(b), and to the extent permitted by law, Convenor will not be liable to any person in respect of any claim or cause of action for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages or losses arising directly or indirectly out of or relating in any way to the performance or non-performance of these Terms or Award Winner s use of the Licensed Material, however the liability arises including in contract, tort (including negligence), misrepresentation or any other common law, equitable or statutory cause of action or otherwise, even if the damages or losses were reasonably foreseeable. Award Winner hereby releases Convenor, its officers and sponsors from and against all such damages or losses. (d) To the extent that liability cannot be excluded, to the extent permitted by law, Convenor s maximum aggregate liability to Entrant (which for the avoidance of doubt includes an Award Winner) in respect of any claim or cause of action for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages or losses arising directly or indirectly out of or relating in any way to the performance or non-performance of these Terms or Award Winner s use of the Licensed Material, however the liability arises including in contract, tort (including negligence), misrepresentation or any other common law, equitable or statutory cause of action or otherwise, is limited to the amount of the Fee (and any Extension Fee) paid to Convenor by Entrant or Award Winner. (e) Entrants (which for the avoidance of doubt includes an Award Winner) must at all times defend, indemnify, release and hold harmless Convenor and its sponsors, officers, employees, and successors from and against any claim, action, proceeding, liability, loss, damage, cost, or expense (including, without limitation, legal fees) incurred, suffered or sustained by Convenor as a result of any claim relating directly or indirectly to: (i) A breach by Entrant of these Terms or the Media Guidelines, including as a result of or in connection with a claim by a third person that the Entrant has infringed the rights (including intellectual property) of any third person; (ii) Use of the Licensed Material (including the name The Australian Business Awards and The World Business Awards ) by Award Winner; or (iii) Any wilful or negligent act or omission by Entrant. 14. GENERAL PROVISIONS 14.1 ASSIGNMENT Award Winner must not assign or otherwise transfer the benefit of the Licence without Convenor s prior written consent. 14.2 WAIVER Failure or neglect by either party to enforce at any time any of the provisions of these Terms must not be construed or deemed to be a waiver of that party s rights under these Terms. 14.3 GOVERNING LAW These Terms are governed by the laws of Victoria, Australia and both parties submit to the non exclusive jurisdiction of the Courts of Victoria. 14.4 ENTIRE UNDERSTANDING These Terms, together with the Entry Guidelines and Media Guidelines represents the entire understanding between the parties relating to their subject matter, and supersede any prior agreements between the parties. 14.5 NO PARTNERSHIP Nothing in these Terms may be construed as creating a relationship of partnership, joint venture, employment, of principal and agent or of trustee and beneficiary. 14.6 JOINT AND SEVERAL If Entrant or Award Winner consists of more than one entity, these Terms binds those entities jointly and each of them individually. 14.7 SURVIVAL Clauses 12.4(b), 12.5, 12.6, 13 and 14 survive termination or expiry of the Licence. Document last updated: 12/01/2018 12:00 PM 14