EMPLOYER OF CHOICE [EOC]

EMPLOYER OF CHOICE [EOC] The Australian Business Award for Employer of Choice recognises organisations which have developed leading workplaces that maximise the full potential of their workforce through practices that demonstrate effective employee recruitment, engagement and retention. 2018 ENTRY GUIDELINES Entries Close: 8 March 2018 Powered by awardbase WORLD BUSINESS AWARDS F R A M E W O R K

RECOGNITION & ACCOLADES EOC Now in their 13th year, The Australian Business Awards are an annual all-encompassing awards program which recognises organisations 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 for leading employers to be acknowledged and recognised 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 award-winning organisations through various multimedia channels, creating opportunities for publicity, positive profiling 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 organisation, product name (where applicable) 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 organisations 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 organisations 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

EOC ASSESSMENT METHODOLOGY The program engages with organisations worldwide to benchmark the full spectrum of their human resource management practices. 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 leading employers which maximise the full potential of their workforce through practices that demonstrate effective employee recruitment, engagement and retention 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 The key attributes of the Employer of Choice Framework (EOCF) define the characteristics of well-managed, high-performing, industry leading organisations that provide a stimulating and supportive workplace. The EOCF consists of a robust set of requirements that are used as the methodology for benchmarking and knowledge building among the participating organisations. Entrant organisations are required to demonstrate their achievements across the key areas of Organisational Culture; Leadership & Strategy; Employee Training & ; Employee ; Performance Management;. 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 $3000.00 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 organisations 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 03

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. 04

ENTRY REQUIREMENTS EOC ORGANISATIONAL ELIGIBILITY Organisational participation includes private companies, publicly listed companies, multi-national subsidiaries, non-government organisations, educational institutions, franchise systems, partnerships, government departments, government agencies, local government and statutory bodies operating in Australia. WRITTEN SUBMISSION (COMPULSORY) You are required to complete a written submission that addresses the 5 evaluation criteria of the Employer of Choice Framework (EOCF) (refer to pages 6-9). Entrant organisations are required to demonstrate their achievements across the key areas of Organisational Culture; Leadership & Strategy; Employee ; Performance Management, ; Employee. The submission must be created as an unlocked, unrestricted, printable and copyable PDF or word document (no larger than 10MB s ) named as follows: OrgName-EOC-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 award 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: OrgName-EOC-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 organisation 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 different categories participants can enter. SUBMITTING YOUR ENTRY You may submit your entry via the online entry form using the 256-bit secure server located in awardbase: 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. 05

EOC FRAMEWORK The key attributes of the Employer of Choice Framework (EOCF) define the characteristics of well-managed, high-performing, industry leading organisations that provide a stimulating and supportive workplace. 06

EOC EOCF SUBMISSION GUIDANCE NOTES 1. You are required to complete a written submission that addresses the 5 evaluation criteria of the EOCF as follows: Section 1: Organisational Profile, Section 2: Culture, Leadership & Strategy, Section 3:, Section 4:, Section 5:. 2. Each section contains a set of bullet points as suggested inclusions. You may combine or exclude any of the suggested points from each section as these can be adapted to suit your submission. You are not limited to just the suggested inclusions and you may include other relevant information. 3. The submission must be created as an unlocked, unrestricted, printable and copiable PDF or word document. 4. Supporting information can be embedded in the body of the submission or submitted as an appendix usually included at the end of the document or uploaded as a separate file. 5. Please refer to page 9 of this document titled EOCF Submission Format for further information. You may also login to award base to view an entry example. 1. ORGANISATIONAL Suggested Inclusions: (1000 words maximum)* Compile an profile including any relevant background information. Outline your structure and operating environment including the industry which it operates. Outline the regulatory environment under which your organisation operates. This can include, but is not limited to accreditations, certifications, registration requirements, industry standards, environmental, financial, occupational health and safety regulations. Outline your organisation s main product offerings and its delivery mechanisms. Define how your organisation serves its industry, the marketplace and other stakeholders. Detail your organisation s market share or position within its respective industry. Define the principle factors that determine the success of your organisation relative to competitor organisations within your industry. Outline your organisation s major contributions to its industry. These may include but are not limited to commercial, environmental, educational, societal and/or scientific contributions. 2. CULTURE, LEADERSHIP & STRATEGY Suggested Inclusions: (1000 words maximum)* Outline the key characteristics of your culture and working environment. Describe how your organisation develops and maintains a culture that is consistent with its Mission, Vision and Values. Outline your organisation s key strategic objectives in relation to its workforce and employer brand. Describe how human resource management is aligned with your organisation s strategic objectives. Describe how senior leaders demonstrate culture, values, objectives and expectations through effective behaviour. Describe how these practices maximise employee engagement and communication within your organisation. Describe how your organisation develops and maintains effective employee recruitment and retention. 07

EOC EOCF SUBMISSION GUIDANCE NOTES 3. EDUCATION, TRAINING & DEVELOPMENT Suggested Inclusions: (1000 words maximum)* Detail your organisation s employee education, training and development initiatives. Describe how these initiatives improve workforce productivity, staff loyalty and commitment. Describe how these initiatives support employees to achieve high performance and contribute to the organisation s success. Describe how these initiatives support employees to develop to their full potential in alignment with your organisation s key strategic objectives. 4. PERFORMANCE, RECOGNITION & REMUNERATION Suggested Inclusions: (1000 words maximum)* Describe how your organisation s human resource strategies, policies, systems and practices support and enable employees to achieve high performance and develop to their full potential. Outline the key elements of your organisation s performance improvement system in relation to its workforce and human resource management system. Describe how your organisation s employee performance reviews/appraisals support employees to achieve high performance. Describe how your organisation effectively remunerates, rewards and recognises its workforce. 5. HEALTH, SAFETY & SATISFACTION Suggested Inclusions: (1000 words maximum)* Describe how your organisation develops and maintains a healthy, safe, secure and supportive work environment for its workforce. Describe how your organisation develops and maintains a work environment that is conducive to the well-being, motivation and satisfaction of its employees. Provide evidence through results of staff surveys (or similar) of staff satisfaction, commitment and retention. * 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. 08

EOC EOCF SUBMISSION FORMAT 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. Page Number Section Number Section Title Create a table of contents outlining each section and the corresponding page number. Contents 1. Organisational Profile 1 2. Culture, Leadership & Strategy 2 3. 3 4. 4 5. 5 1. Organisational Profile (Compulsory) 2. Culture, Leadership & Strategy (Compulsory) List all Appendices (if included). Appendices (Optional) Appendix A: Employee Induction Manual Appendix B: Recognition and Reward Schedule Appendix C: Employee Survey (Not for Publication) Strategy Report Click on this link: www.url.com.au 3. (Compulsory) Supporting information such as images and url links can be included in the body of the submission. Org Name / EOC / Year (Footer) page 1 of 11 4. (Compulsory) Appendix A (Optional) Each page should be numbered consecutively. Each appendix should be cross-referenced in the body of the submission and/or itemised on the contents page. For Recognition and Reward Schedule, see appendix B 5. (Compulsory) ABC Media Youtube: www.youtube.com Appendices can be submitted at the end of the document. The Name of the Organisation, the Category and Year entered should be included in the footer of each page. (Footer) Org Name / EOC / Year page 1 of 11 Org Name / EOC / Year page 1 of 11 09

TERMS & CONDITIONS OF ENTRY EOC 1. DESCRIPTION OF THE AWARDS Interested In Business Pty Ltd, ACN 158 882 298 is the Convenor (The Convenor ) 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 Convenor ( Official Announcement ). The Australian Business Awards are the national chapter of an integrated program (the Program ) that is conducted on an national and international level. Eligible organisations from the national chapter will participate in the international chapter of 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 organsations 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 Organisations 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. Logistal 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, shortlisted, 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 organisation. (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 Offical 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 organisation 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 organisation 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. 10 10

TERMS & CONDITIONS OF ENTRY EOC (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 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 Awads ) by Award Winner; or (iii) Any willful 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: 09/01/2018 2:00 PM 11 11