Background

The Australian Export and Investment Awards 2020 Program - recognising remarkable stories is organised and run by the Australian Trade and Investment Commission (Austrade) ABN 11 764 698 227, Levels 1-2, Nishi Building, 2 Phillip Law Street, Canberra ACT 2601, Australia. The Program seeks to publicly recognise export and investment stories of resilience, adaptation and recovery in the face of the COVID-19 pandemic.

Definitions

“Information” is defined in clause 10 of these Terms.

“Intellectual Property Rights” means all intellectual property rights which may subsist in Australia or elsewhere, whether or not they are current or future or registered or capable of being registered, including without limitation in relation to, copyright, designs, trade marks (including unregistered marks), business and company names, domain names, database, circuit layouts, patents, inventions, discoveries, know-how, trade secrets and confidential information, but excluding moral rights.

“Organisation” refers to the protagonist exporter or investor organisation in the Story that has shown resilience and adaptability in the face of the COVID-19 pandemic.

“Partners” refers to other Australian Government and State and Territory agencies active in trade and investment promotion, and Program sponsors, supporters and co-presenters working with Austrade to administer the Program. “Program” refers to the Australian Export and Investment 2020 Program - recognising remarkable stories, a recognition program inviting people to submit stories of resilience, diversification, adaptation and recovery by Australian exporting businesses or inbound investors.

“Program Site” means Austrade’s https://www.exportawards.gov.au/ website for the Program, including the Story submission form linked to the website.

“Story” refers to the export or investment story provided in connection with the Program, including an outline of the situation, complications, solutions and results / outcomes, and may include photo and video content.

“Submission Period” refers to the period during which you may submit a Story on the Program Site.

“Terms” refers to these Terms of Participation.

“You” refers to the individual submitting a Story about a business for recognition as a part of the Program, regardless of whether part of the Organisation or not.

Story Submission
  1. By submitting a Story using the Program Site you are accepting these Terms.
  2. If you are acting for the Organisation, you confirm that you have the authority to make the Story submission under these Terms and to provide the information and give the consents included in it on behalf of the Organisation.
  3. If you are identifying the Organisation as a member of the public without an affiliation with the Organisation and submitting personal contact details of others through the Program Site, you confirm that you have either sourced that personal information publicly or obtained prior consent to the submission of such personal information for the Program.
  4. Following your submission of the Story through the Program Site, Austrade will contact the Organisation directly to:
    • make further enquiries in relation to the Story;
    • establish the Organisation’s suitability to be featured in the Program;
    • seek further consents or releases, in particular in the case of third party Story submission; and
    • work with the Organisation for the purpose of the Program.
  5. Story submission through the Program Site during the Submission Period does not guarantee that the Story will be featured in the Program, or entitle you or the Organisation to any form of payment from Austrade or its Partners in relation to the Program.
  6. Austrade maintains absolute discretion on deciding on an Organisation’s eligibility and whether or how to feature a Story in the Program. For clarity, Austrade may modify the Story as it sees fit before or during the Program or choose at any time not to continue featuring the Story in the Program without prior notice to you or the Organisation.
  7. Austrade may at any time without notice to you or the Organisation make modifications to the Program Site and these Terms at its sole discretion.
  8. Austrade accepts no responsibility for any Story submissions not received for any reason during the Submission Period. No responsibility will be taken for lost, late or misdirected submissions.
  9. Austrade does not warrant that the Story submission form will be available at all times during the Submission Period.
  10. Use of information
  11. For the purposes of the Program, Austrade may collect the following information (the “Information”):
    • Organisation’s business details, including business address and nature of business;
    • Organisation’s representative contact details, including name, phone number and email address;
    • your name and contact details, including name, phone number and email address;
    • the Story; and
    • any further details or content provided in relation to the Story to support the Program.
  12. Austrade may use the Information to:
    • administer the Program as set out in clause 4 of these Terms;
    • publish and promote the Story and the Program using diverse media outlets and media releases, including on but not limited to social media channels, websites, email marketing, YouTube, as well as printed and broadcast media;
    • help promote Australia internationally as an exporter and Australia as an investment destination; or
    • generate written case studies for other Australian Government activities.
  13. Austrade may share the Information with its Partners for the purposes of the Program and the Partners may themselves:
    • publish and promote the Story and the Program using their own media channels; or
    • contact you or the Organisation in relation to the Program.
  14. You and the Organisation warrant that none of the Information is commercially sensitive or confidential in nature, and agree to hold Austrade harmless if any claims of breach of confidence are raised against Austrade in connection with the Information.
  15. Intellectual Property
  16. You and the Organisation grant to Austrade:
    • non-exclusive, irrevocable, royalty-free, perpetual, world-wide licence to exercise the Intellectual Property Rights in the Story and all other Information for any purpose; and
    • a right to sub-licence the rights in (a) above to third parties, including to the public under an open access or Creative Commons ‘BY’ licence.
  17. You and the Organisation warrant that you are entitled to grant this licence to Austrade; and that the provision of the Story and all other Information, and its use by Austrade, in accordance with these Terms, will not infringe any third party’s Intellectual Property Rights and moral rights.
  18. Privacy
  19. Any personal information collected in relation to the Program will only be used by Austrade for the purposes of the Program and handled by Austrade in accordance with its Privacy Policy, the Privacy Act 1988 and the Australian Privacy Principles.
  20. Where Partners receiving personal information are State and Territory agencies, they will handle such personal information in accordance with the privacy laws applicable to them.
  21. If Partners are sponsors, co-presenters, contractors or other private entities, Austrade will require them contractually to handle personal information in accordance with clause 16 above.