ABA Terms & Conditions

Entry Terms & Conditions
Web Site Terms & Conditions
Copyright Notice
Email Disclaimer


ENTRY TERMS AND CONDITONS

The entry guidelines form part of these terms and conditions of entry. Participation in the Australian Business Awards program is deemed acceptance of these terms and conditions which includes the Australian Business Awards Licence Agreement. Please print a copy of these documents for your records.

Definitions
ABA means The Australian Business Awards;
Awards means the Australian Business Awards program run by ABA;
Entrant or Entrants means an organisation participating in the awards program;
Entry or Entries means a submission by a specific Entrant;
Award Winner or Award Winners means recipients of an Australian Business Award;

ENTRY REQUIRMENTS: Entries can be completed online or by hard copy. The deadline for entries is Wednesday 31 March 2010. Date of posting on Wednesday 31 March 2010 will also be accepted. By submitting an Entry for the Awards Entrant warrants that they have permission from all necessary parties within their organisation and that all information submitted by them is true, current and complete. Any Entry sent without completing the online or printable entry form will be deemed invalid. No responsibility will be accepted for incomplete, damaged or corrupt entries. The Awards will not be held responsible for any loss, damage or non-receipt of Entries however so caused. All Entries including Entries ruled invalid for whatever reason will not be returned.

AWARD CATEGORIES: There are a total of 20 award categories. These are divided in 10 business and 10 product award categories. Each category has specific criteria for entry as stipulated in the applicable entry guidelines.

MULTIPLE ENTRIES: Entrants may select a maximum of three (3) business award categories per calendar year. Entrants can submit as many products as they like. A maximum of three (3) product categories may be selected per product. A separate submission is required for each award category entered.

ORGANISATIONAL ELIGIBILITY: All Australian companies and organisations, private or public are eligible to enter. This includes multi-national subsidiaries, government departments, agencies or bodies, franchisors and non-government organisations.

INDUSTRY CLASSIFICATIONS: Organisations are adjudicated within their respective industry classification. The Australian and New Zealand Standard Industrial Classification (ANZSIC) 2006 (cat no. 1292.0) structure is utilised to segment participants to their respective industry.


PRODUCT ELIGIBILITY: In the context of the Australian Business Awards program, the term "product" refers to products and services currently available in the Australian marketplace. This includes consumer, business to business (B2B) and financial products and services. They must be a complete product, not part thereof and in full commercial production prior to submitting your entry. Prototypes or products still undergoing trials are ineligible to enter. Products must comply with all applicable Australian standards and regulations. Therapeutic goods must have TGA approval (Therapeutic Goods Administration) to enter. If products are sold within a range, the full range must be provided for assessment. A system or component of a product is not eligible to enter on its own unless it is sold separately.

PRODUCT CLASSIFICATIONS: Products are adjudicated within their respective product classification. The International Classification of Goods and Services (Nice Agreement) is
utilised to segment products and services to their respective classification.

JUDGING PANEL: An esteemed panel of judges is appointed and coordinated by the Australian Business Awards. The panel is carefully selected to ensure that the judging process is fair and objective, free of bias or influence. The judges are bound by a strict confidentiality agreement and are required to declare any conflict of interest in entries over which they deliberate and to stand aside from deliberations concerning those entries.


JUDGING PROCESS: Entries will be judged on the basis of the information provided in the completed entry form, your submission and supporting materials. The judging process is designed to be fair and free of bias or influence. All entries are evaluated in accordance with the award criteria. Refer to the entry guidelines to view the detailed judging criteria. At the end of a two-stage evaluation process, the judges select the Award Winners for each category. Entrants are notified by confidential mail at the conclusion of the first stage of the judging process. Award Winners are notified by confidential mail prior to the public announcement. ABA reserves the right to request additional information concerning any entry, as deemed appropriate by the judging panel. ABA reserves the right to verify the validity of trading names, ABN's, ACN's, company officers, employees and authorised agents. ABA reserves the right to request evidence of standards and regulatory compliance and registration of patents, trademarks, design registrations or IP ownership where applicable.The judges reserve the right to transfer any entry to a different award category that, in their view, is deemed more relevant or does not meet the award criteria for the category nominated by the entrant. The judges decision is final and cannot be appealed. No correspondence will be entered into. ABA reserves the right to refuse to accept any entry which does not comply with the terms and conditions of entry or which contravenes the spirit of the Awards. ABA reserves the right to make no award in any category if the judges are not satisfied with the standard or quality of entries received. ABA has absolute discretion to disqualify any entry.

ACCOLADES: ABA recognise and reward outstanding achievement in accordance with the award criteria for each award category as outlined in the entry guidelines. Following the public announcement, recipients of an Australian Business Award are honoured with a framed certificate and licensed material in recognition of their achievement. Subject to usage guidelines the selected organisations are eligible to publicise their achievement and display the winners mark under licence from the Australian Business Awards on their marketing and promotional materials.

REGISTERED TRADEMARK: ABA is the registered owner of the Awards name and trademarks and reserves all rights to the display and use of such devices in any form whatsoever. Use of the Awards name and trademarks is only permitted under licence from ABA after meeting assessment criteria as determined by ABA and must comply with the ABA licence terms and usage guidelines.

LICENCE FEE: To enable ABA to recover its administrative costs related to the provision, protection and proper use of the licensed material a condition of use is the payment of a licence fee. By participating in the awards program all entrants that successfully progress to the second stage of the judging process are required to pay the licence fee as specified in ABA's
Business Award Licence Agreement or Product Award Licence Agreement.

INTELLECTUAL PROPERTY RIGHTS: Entrants are solely responsible for selecting the information to be disclosed as part of their Entry (including, but not limited to, any intellectual property rights or confidential information). Entrant warrants that they have the authority to use any intellectual property comprised within their Entry and that no intellectual property or other rights of any third party will be infringed through the submission of such Entry. 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 a submission without protection may compromise or invalidate those rights. For detailed advice, Entrants should consult a specialist lawyer (or other appropriate professional). Entrants should limit so far as possible the disclosure of information which they consider to be confidential as part of their Entry. ABA shall not be involved in any dispute and shall be held harmless and free of any liability in any dispute regarding intellectual property rights. By entering the Awards the Entrant warrants that the Entry does not infringe on the intellectual property rights of others.


COPYRIGHT: Entrant warrants that they have permission from all parties including but not limited to partners, collaborators, designers, copyright holders and clients allowing ABA and its partners to publish all contributions including images submitted to the Awards in any associated promotional material, including the Awards web sites, without limitation. Award Winners and details of winning initiatives may be promoted by ABA. Award Winners may also be required for media interviews. Further information may also be sought from Award Winners to be publicised as part of the ABA's promotion of the Awards program.

PRODUCT SAMPLES: Entrants are responsible for all aspects and costs of transport in connection with the delivery and collection of products. Product samples submitted in support of an entry can be collected at the conclusion of the awards program upon the Entrant's request. It is the responsibility of the Entrant to organise the collection of the submitted products.

PRODUCT DISCLAIMER: Product samples must be submitted at the Entrant’s own risk. Products may be transported by ABA to facilitate the judging process and although every effort will be made to ensure the security of products and related particulars submitted by the Entrant during assessment. Please be aware that ABA, its employees and contractors accept no responsibility for any damage or loss caused to any products during transportation, handling or storage and that insurance of any product is the responsibility of the Entrant. Insurance to cover damage or loss is recommended if the value of the item is considerable.

PRIVACY: All personal information collected by ABA will be used for administration of the Awards. ABA collects, uses, discloses and otherwise handles the Entrants personal information in accordance with the terms of its Privacy Policy.

NO RELATIONSHIP: ABA is not creating with You any relationship of supplier, employee, partnership, principal and agent, client or joint venture.

DISCLAIMER: ABA has absolute discretion to vary, amend or waive the terms and conditions of the Awards at any time. ABA, its promoters, its contractors, employees and agents, shall not be liable for any claims, losses, damages, injury, costs and expenses suffered, sustained or incurred (including but not limited to indirect or consequential) as a result of, arising out of, or in any way connected the Awards, except for liability that cannot be excluded by law. It is a condition of entry that all terms and conditions are accepted as final and that the Entrant agrees to abide by these rules. In the event that an Award Winner is subsequently found to breach the entry terms and conditions their entry may be ruled invalid and the Award deemed null and void.

JURISIDICTION: These terms and conditions will be governed by the laws of Australia and the parties agree to submit to the exclusive jurisdiction of the Courts of Victoria.

END OF ENTRY TERMS AND CONDITIONS

Web Site Terms & Conditions

BusinessAwards.com.au ("the Site") is a web site developed by Australian Business Awards (referred to herein as "ABA"). By entering the Site or any of its associated channels (e.g. goodbusiness.com.au, goodbusinessguide.com.au), you are deemed to have accepted these terms and conditions.

CHANGES TO THESE TERMS AND CONDITIONS: Due to the constant development of the Site it may become necessary to amend these terms and conditions and ABA reserves the right to do so by posting changes online. It is your responsibility to check these terms and conditions regularly and your continued use of the Site after such changes are posted constitutes your acceptance of these terms and conditions as amended.

USE Of CONTENT: The services and information provided by the Site are for your personal, non commercial use only.

SITE TRANSACTIONS: You may be referred by the Site to products or services from third party providers. Any such transaction is concluded under the terms of business of the third party provider and ABA accepts no liability for such transactions.

ACCURACY OF INFORMATION: Neither ABA nor any of its data providers, affiliates or partners make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the information or the services for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law.

GOOD BUSINESS & GOOD BUSINESS GUIDE: The services and the information provided by BusinessAwards.com.au's Good Business, Good Business Guide, are only for your general information and use and are not intended to address your particular requirements. In particular, the services and information do not constitute any form of advice or recommendation by BusinessAwards.com.au and are not intended to be relied upon by users in making (or refraining to make) any specific investment or other decisions because BusinessAwards.com.au is not authorised under the Financial Services Act. Appropriate independent advice should be obtained before making any such decision. Any arrangement made between you and any third party named in the AUSTRALIAN BUSINESS AWARDS, GOOD BUSINESS, GOOD BUSINESS GUIDE is at your sole risk and responsibility. BusinessAwards.com.au, its data providers, affiliates and partners, may or may not hold investments in the funds, management companies and / or brokerage firm securities referred to within BusinessAwards.com.au. You bear all risks from any uses or results of using any information. You are responsible for validating the integrity of any information received over the internet.

INFORMATION POSTED BY YOU: You may place information on the Site or make it available to other users by e-mail only where and as permitted by ABA from time to time. ABA does not monitor, approve, endorse or exert editorial control over information posted by users and does not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information. You agree to not post (or transmit) (i) any information which is objectionable including, without limit, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations or market conventions, (ii) any information which is in breach of any person's rights (including without limit, copyright and confidentiality), (iii) any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful. ABA reserves the right to remove any such information from the services without warning and to inform and give assistance to the relevant bodies in respect of any transgressions. ABA accepts no responsibility for and gives no warranties in connection with any information posted on its site by its users. ABA recommends that you do not rely on such information. By placing a posting on the Site or making available to other users any information you hereby grant to ABA a worldwide non-exclusive licence to use copy, distribute, publish and transmit such information in any manner which ABA wishes (including, without limit, archiving and making available such information as part of the Site).

INDEMNITY: You irrevocably indemnify ABA and its data providers, affiliates and partners from and against any and all losses, damages and costs suffered or incurred by ABA, or any data providers, affiliates or partners of whatsoever nature arising out of or in connection with your use, provision or distribution of information or any part or the Site or any part or otherwise howsoever arising in relation to any breach of these terms and conditions by you.

HYPERTEXT LINKS: The Site provides hypertext links to sites on the Internet which are operated by other people. Using an external hypertext link means that you are leaving the Site and ABA therefore takes no responsibility for and gives no warranties, guarantees or representations in respect of linked sites.

INTELLECTUAL PROPERTY: All intellectual property rights (including copyright, patents, trade marks) whether registered or not on the Site shall remain the property of the ABA and no person shall, or shall attempt to obtain any title to such rights. Information appearing on the Site is the copyright of the ABA and must not be reproduced in any medium without licence. Users must not republish any part of the data either on another website, or in any other medium, print, electronic or otherwise, or as part of any commercial service without the prior written permission of the ABA. If you require any further information on permitted use, or a licence to republish any material, email us at media@businessawards.com.au, or address your inquiry to Telephone 1300 790 593, Facsimile: 1300 790 594. If you are granted a licence to reproduce material you will be required to follow some simple guidelines about the way the information is displayed. An acknowledgement of the source must be included whenever ABA copyright material is copied or published.

ADVERTISING AND SPONSORSHIP: Parts of the Site contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. ABA will not be responsible for any such material or any error or inaccuracy in advertising material.

LIABILITY: Due to the number of sources from which the Site obtains content and the nature of electronic distribution via the world wide web neither ABA nor any of its data providers nor affiliates shall have any liability (whether in contract or tort) for any losses, costs or damages resulting from or related to use of or inability to use any information contained in the Site or the provision of the Site to the fullest extent to which such liability may be excluded or avoided by law and in no event shall ABA be liable to you for lost profits or for indirect, incidental, special, punitive or consequential damages arising out of or in relation to the provision of information on the Site. ABA makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.

JURISIDICTION: These terms and conditions will be governed by the laws of Australia and the parties agree to submit to the exclusive jurisdiction of the Courts of Victoria.

END OF WEB SITE TERMS & CONDITIONS

Copyright Notice

Copyright

This website and its contents are subject to copyright under the laws of Australia and, through international treaties, other countries. The copyright in materials in this website as a whole is owned by The Australian Business Awards ("ABA") / Australian Business Awards Pty Ltd ABN: 88104222380. Third parties own the copyright in some materials incorporated within this website. You may view this website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this website solely for your own information, research or study, but only if you: do not modify the copy; and include the copyright notice "© The Australian Business Awards (insert current year)" on the copy. You must not otherwise exercise the copyright in the whole or any part of this website for any other purpose except as expressly permitted by statute or with the ABA's prior consent.

Notice of Trademark


"The Australian Business Awards" name and logo are registered trademarks of ABA.
The ABA logo may not be used without the prior specific, written permission of ABA.

Linking to our Website

We welcome links to the ABA website. As content may be updated or moved without notice, you are encouraged to link to our homepage at www.businessawards.com.au

Providing and maintaining a link to our website content signifies agreement to the conditions of our general linking policy.

General Linking Policy

You may link to, but not replicate, content contained on the ABA website. The context in which you insert the link must not give your visitors the impression that your site or organisation is endorsed or sponsored by us. All website content is subject to strict copyright conditions. You must not frame, reformat or alter files, forms, pages, information, images and materials from our website.

Our website must be opened as a new page and not framed, overlaid or other wise implied to be part of the referring site. Improper use of framing by other sites may be considered as a breech of copyright. This practice misleads visitors to the actual authorship of the framed pages and may be considered a breech of copyright.

You may not use our logo on your website without prior written permission.
You are responsible for routinely checking any links to ensure they remain accurate.
ABA reserves the right to amend this policy or prevent linking by giving notice.

END OF COPYRIGHT NOTICE

Email Disclaimer

To save space when corresponding with our clients, Australian Business Awards’ emails have an abbreviated disclaimer at the end of each email message. For clarification purposes, the full Australian Business Awards email disclaimer can be found below.

This message and any attachments, or any part of it is intended solely for the named addressee. Reading, printing, distribution, storing, commercialising or acting on this transmission or any information it contains, by anyone other than the addressee, is prohibited.

If you have received this message in error, please destroy all copies and notify the Australian Business Awards on 1300 790 593 or by replying to the sender.

This message may contain confidential information, and/or copyright material of Australian Business Awards or third parties. Australian Business Awards is not responsible for any changes made to a document other than those made by Australian Business Awards, or for the effect of the changes on the document's meaning.

You should only re-transmit, distribute or commercialise the material if you are authorised to do so. Any views expressed in this message are those of the individual sender. You may not rely on this message as advice unless subsequently confirmed by fax or letter signed by a Director of Australian Business Awards or an Authorised Representative of the Australian Business Awards.

The Australian Business Awards advises that this e-mail and any attached files should be scanned to detect viruses. The Australian Business Awards accepts no liability for loss or damage (whether caused by negligence or not) resulting from the use of any attached files.

END OF EMAIL DISCLAIMER