Last Updated: November 1, 2019 (“Effective”)
We are delighted to have you participate in the EarthTech Challenge and we are excited to see your exciting and innovative solutions to some of the world’s greatest issues.
So that we can run the EarthTech Challenge in the most effective, safe and fun way for all our participants, you must agree to these terms and conditions, and any other details or requirements set out at the time of your registration on the Challenge website – https://earthtech.io/challenge/
If you have any questions about anything in this document, please feel free to contact [email protected]
This terms and conditions document (“Terms and Conditions”, “Agreement”, “Contract”, “EarthTech Terms”, “EarthTech Challenge Terms”, “Terms”) is a legally binding agreement between you as the User (“User”, “You”, “Your”, “Your Workers”, “Your Company”, “Yourself”, “Customer”, “Team”, “Parent”, “Legal Guardian”, “Youth”, “Designer”, “Member”, “Members”, “Participant”, “Participants”).
General Terms & Conditions
- By registering for the ETC, you agree that you have read and understood, and are bound by, these terms and conditions and all information provided on the Website.
- You must meet the eligibility requirements of the Challenge division you register for, in accordance with the registration guidelines (including judging criteria) set out on the Website.
- This challenge is only open to Australian residents and / or Australian Students aged between 13 and 29 who are nationals and residents of countries within the Asia Pacific.
- If you are under the age of 18, is it required that you have written permission from your parent or legal guardian for: (a) your participation in the Challenge; (b) us to disclose your participation in the Challenge (including permission for us to use your name, image and likeness, photos and videos taken of you by us or our contractors during the Challenge, and any other similar materials), in our discretion without any further payment to you; and (c) winners to attend the EarthTech Summit on Makepeace Island (including parental attendance).
- Your team’s eligibility for the Challenge will depend on the eligibility of each member of your team. If one member of your team does not comply with these terms and conditions or is disqualified for any reason, we may disqualify your entire team’s entry in the Challenge.
- Each team that wishes to enter the Challenge is required to submit a video submission and supporting executive summary as part of its application. Each team whose application is deemed eligible for the Challenge (to be determined at our sole discretion) will qualify to participate in the Challenge.
- We may use portions of these videos for future external promotion, but not without the approval of all team members involved.
- Teams may consist of team members from more than one school, university or interest group.
- We want the EarthTech Challenge as valuable and impactful as possible for you and others. As part of your participation in the Challenge, you must not:
- engage in any activity which brings our name into disrepute or is otherwise prejudicial to to towards us.
- make or endorse any disparaging comments about us in relation to the Challenge
- engage in any offensive or discriminatory behaviour towards us, our representatives or other participants in the Challenge;
- represent that you are our agent or are affiliated with us (other than through your participation in the Challenge).
- Your safety during the Challenge is paramount. You agree to comply with any safety or operational policies that we tell you about and reasonable directions that we may give you. Winners that participate in the EarthTech Summit on Makepeace Island must take reasonable care and responsibility for your own health and safety and that of others while participating in the Challenge, including when travelling to and from the Challenge.
JUDGING CRITERIA & PRIZES
- Any judging criteria for the EarthTech Challenge disclosed by us is:
- provided by way of guidance only, so you are aware of the items of interest that we may take into consideration when judging entries; and
- neither exhaustive, nor listed in any order of priority, and may not all be taken into account or be given equal consideration by us.
- In evaluating your entry, we may take into account the information provided in the entry and any other information which we consider relevant to the evaluation of the entry.
- Judging for finalists will take place on 27th January to 31st January 2020.
- All category finalists will win a place at the EarthTech Summit on Makepeace Island where their submissions will be reviewed and evaluated to decide the EarthTech Challenge Summit Winner. Broader investment and support opportunities will be agreed separately between the finalists / winners and potential investors including EarthTech. EarthTech will have the first right of refusal for future investment rounds for winners. Additional hardware prizes may also be awarded to winning teams at our sole discretion on top of the monetary prizes and subject to availability.
- We are not responsible for any dispute among teams or team participants related to prizes, and we reserve the right not to award any prizes in the event of an insufficient number of eligible entries meeting the minimum judging criteria, as determined in our sole discretion. We also reserve the right to substitute prizes in our discretion. Any prizes will be provided to individuals in a manner of our choosing.
- We also reserve the right not to issue any prize at all. In the event that an international participant is unable to obtain relevant visas, travel documents or government authority approvals that would impact their eligibility to access the prize, for Us to issue the prize, or for any other reason that We consider valid, in Our absolute discretion.
- We exclude all warranties in relation to the quality, suitability or merchantability of a prize, except those that cannot be excluded by law. To the fullest extent permitted by law, any of our liability (including liability arising from the actions of our employees or agents) for breach of any rights a consumer may have, which is unable to be excluded under Australian law but can be limited, is limited to the costs of supplying the prizes again.
- Entries in the Challenge will undergo a preliminary round of judging. We will then select entries for the finalist phase of the Challenge. All of our decisions in relation to judging are made in our sole discretion, are final and cannot be contested by you.
- Two members from the top ten teams (across both age groups) will be invited to attend the EarthTech Summit on Makepeace Island where they will have the opportunity to present and be mentored by some of Australia’s leading investors, scientists, marketers, and non-profit organizations. A final winner will be selected on Makepeace Island, with a view to supporting mature ideas scale into operational businesses.
- We will arrange and pay for domestic Australian flights and accommodation for each team member of the top ten teams and one parent / legal guardian for every under-18 participant.
- We are not responsible for arranging or paying for required visa and travel documents. These arrangements are your sole responsibility and We will not reimburse you for any costs that you incur in applying for or obtaining the required documentation.
- During your involvement in the EarthTech Challenge, you may provide or communicate your entry to us, as well as source code, photos, documents, presentations, written or oral statements or other materials on which your entry is based (collectively, Your Material).
- As between you and us, you own all intellectual property rights in Your Material, including any modifications and enhancements you make to Your Material during the Challenge. We will not own any intellectual property rights in Your Material.
- You grant us a perpetual, non-exclusive, irrevocable, worldwide, royalty-free licence to use, reproduce, publish, modify and otherwise communicate to the public, Your Material for our network planning, marketing and promotional purposes.
- You acknowledge that it is up to you and your team members to decide how the intellectual property rights in the entry are owned (subject to the licence granted to us under clause 5.3). We do not accept any liability for any disagreement among team members regarding ownership of any intellectual property rights contained in Your Material.
- You warrant that:
- you own or are otherwise expressly licensed to use Your Material, including for the purposes of the Challenge, and are authorised to grant us the licence in clause 5.3 of these terms and conditions;
- our use of Your Material in accordance with these terms and conditions will not infringe any third party intellectual property rights, moral rights or other third party rights (including any obligations of confidentiality that you may owe to any third parties);
- Your Material will not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information; and
- Your Material will at all times be true, accurate, not misleading and up to date.
- Your entry must contain the following details: (a) if the entry contains code from open source licence, you must clearly identify that code in the form of comments, provide a URL link of its origin in the code and the licence which applies to it; and (b) if the entry contains proprietary code (including those of third parties or your own), you must clearly identify that code in the form of comments and include any relevant information as to ownership and licensing.
- We (and our licensors) reserve all intellectual property rights in any materials we disclose to you. However, we grant you a licence to reproduce and modify the materials we disclose to you for the sole purpose of your participation in the Challenge. You must remove any of our materials provided by us to you from Your Materials at the conclusion of the Challenge.
CONFIDENTIALITY & PRIVACY
- So that you can be judged in the course of the EarthTech Challenge, you may need to disclose Your Materials to us or our other representatives (like our expert judging panel). We may publicly disclose any of Your Materials that you submit to us to be judged as part of the Challenge. We will not otherwise disclose Your Materials if you mark or tell us that any of Your Material is “Material is NOT for public disclosure except: (a) with your team’s prior written consent; (b) as required by law or the rules of a stock exchange; or (c) to the extent that the information is in the public domain (other than because of a breach by us of these terms and conditions).
- We may otherwise publicly disclose Your Material in our discretion.
- During the Challenge, we or our contractors may make film recordings or take photographs that show you and your participation in the Challenge. You agree that we may use these recordings, photographs and any similar materials, as well as your name and likeness, in our discretion (including to contact you about future employment opportunities), without further payment to you.
- You agree that we may disclose and use any other personal information about you in accordance with our Privacy Statement, which is available at www.earthtech.io/privacy . If you would like to access or correct any information we hold about you, you can contact us via email [email protected]
- Any information, materials or content we provide to you during the course of the challenge is strictly confidential and may only be disclosed by you: (a) with our prior written consent; (b) as required by law; or (c) to the extent that the information is in the public domain (other than because of a breach by you of these terms and conditions).
- You must destroy or return all copies of our confidential information that we have provided to you during the Challenge at the end of the Challenge or within 14 days of a request by us.
- You acknowledge that we are involved in a broad range of innovation start-ups, so it is possible that we may work with or have worked with innovations similar to your entry. You acknowledge and agree that we will not be prevented in any way from pursuing similar work.
- You acknowledge that you are participating in the EarthTech Challenge voluntarily, at your own risk and that you and us do not intend to create an employment or agency relationship.
- To the fullest extent permitted by law, you release us from any liability for any loss, injury or damage that you may suffer or incur arising from your participation in the Challenge, these terms and conditions, or in relation to any prize. Except as set out in clause 3.6, where we cannot exclude liability, our limit of total liability to you is AU$5,000.
- To the maximum extent permitted by law, we are not liable for: (a) special, indirect, consequential, incidental or punitive damages; or (b) damages for loss of opportunity, profits, revenue or goodwill, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if we are advised of the possibility of the loss or damage.
- Without limiting any other right or remedy that we may have, you agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including reasonable legal and accounting fees, arising in connection with: (a) any breach by you of any provision of these terms and conditions; (b) any negligent or unlawful act or omission by you during the Challenge; or (c) the infringement or alleged infringement of a third party’s intellectual property rights, moral rights or other rights arising directly or indirectly from our use of Your Material in accordance with these terms and conditions.
COSTS AND EXPENSES
- Except as expressly set out in these terms and conditions, you must bear your own costs associated with the preparation and submission of Your Material, and your participation in the Challenge, including visas and other required travel documents.
- EarthTech will bear the cost of domestic flights, accommodation and three meals per day on or around Makepeace Island for EarthTech finalists.
- Any hardware or software (including cloud accounts etc) that we make available to you may be deactivated at the conclusion of the Challenge.
- These terms and conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them to determine any dispute concerning these terms and conditions or the Challenge.
- Clauses 5, 6, 8, 9 and 11 and any other provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.
- These terms and conditions together with the Website constitute the entire agreement between us and you in relation to the EarthTech Challenge and supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Challenge.
- The words ‘we’, ‘us’, and ‘our’ in these Terms and Conditions refer to EarthTech Ventures (ACN 96 632 785 669).
- We reserve the right in our sole and absolute discretion to amend or discontinue all or any part of these terms and conditions or the operation of the Challenge, and to exclude your further participation in the Challenge for any reason (for example, if you have breached these terms and conditions, or have engaged in offensive or discriminatory behaviour). We will use reasonable endeavours to provide you with notice of any material changes to the Challenge, either by email or by publishing changes on the Website.
- A failure by us to enforce any term of these terms and conditions will not constitute a waiver of that term.