Terms of entry into the Westpac Businesses of Tomorrow program

TERMS OF ENTRY INTO THE 2018 WESTPAC BUSINESSES OF TOMORROW PROGRAM

  1.  By submitting an application in the 2018 Westpac Businesses of Tomorrow Program (“the Program”), each applicant agrees to accept and be bound by these terms and conditions.  
  2. The Program is conducted by Westpac Banking Corporation ABN 33 007 457 141 of Level 20, 275 Kent St, Sydney, NSW (‘Westpac’ or ‘we’ ‘us’ or ‘our’).
  3. The application period for the Program opens at 12:01am Australian Eastern Daylight Time (AEDT) on Sunday, 11 February 2018 and closes at 11.59pm Australian Eastern Standard Time (AEST) on Sunday, 8 April 2018 (the “Application Period”);

Eligible Applicants

  1. Applications are open to businesses which satisfy the criteria in Section 5 (each an “Eligible Applicant”).   
  2. To be an Eligible Applicant, the business must meet the following criteria:
    1. be majority or wholly Australian-owned;
    2. have been registered in Australia with an ACN and ABN for no less than six months (inclusive of weekends and public holidays) prior to the date of submitting the Program application;
    3. have its primary place of business in Australia;
    4. not be more than 50 percent owned by another business;
    5. be solvent and neither it, nor its principals be the subject of any material litigation throughout the Program Period or at any later date prior to announcement of the Winners;
    6. not be a government agency; and
    7. not be operated or majority owned by a Westpac Group staff member.
  3. Previous Major Prize Winners in the 2017 Westpac Businesses of Tomorrow Program, that is those businesses selected in the Top 20 2017 Business of Tomorrow Program are not eligible to apply for the Program. However, the 2017 General Prize Winners are eligible to apply for the Program.

Entry Process

  1. To enter the Program, an Eligible Applicant must, within the Application Period:
    1. ensure that a senior representative of the Eligible Applicant completes the online application in full, including accepting these entry terms and conditions of the Program for and on behalf of the Eligible Applicant (“the Entry”); and
    2. submits the Entry online via the dedicated Program website available at https://www.businessesoftomorrow.com.au.
  2. Once submitted, the Entry cannot be amended or supplemented with any additional information, unless requested by us. We may grant extensions or accept additional information in support of a Program application in special circumstances, in our absolute discretion.
  3. We acknowledge that an Entry may contain confidential information. We will ensure that only our Judging Panel (which comprises of both internal Westpac Group staff and our selected external industry experts) as well as a limited number of other Westpac Group personnel involved in the Program are authorised to view the content of an Entry, and will use reasonable endeavours to keep the contents of the Entry confidential during the Application period and up until 31 May 2018, being the date on which the Winners are notified.  We reserve the right to publicly communicate data from applications at an aggregated level, but not in a way that identifies individual applicants. We may also allow our professional service provider Deloitte Australia to carry out research and validation in relation to Entry information, however any such information will only be published at an aggregated level.

Disqualification

  1. We reserve the right to disqualify an Entry and/or withdraw an award or associated General Prize(s) and/or Major Prize if we form the reasonable opinion at any point in time that:
  • the applicant is not an Eligible Applicant;
  • the information the applicant has provided is deficient, false or misleading;
  • the applicant or any of its principals are involved in conduct which may in any way harm the Westpac Group or its reputation; or
  • the applicant is unwilling to participate in the events or prizes listed in Clauses 12, 16(a) and/or 17.

Promotional Activities

  1. In the event that an Eligible Applicant’s Entry is successful and they are chosen as a winner of the General Prizes and/or the Major Prizes (“Winner”), the Winner grants to the Westpac Group the non-exclusive and perpetual right, but not obligation, to publicise and reproduce the Winner’s business name and logos in connection with the development and/or publication of any marketing or promotional material relating to the Program at no cost.
  2. The Winner further agrees to fully co-operate with us by making senior representatives available for interviews, statements, filming, voice recordings and photographs which materials the Winner consents to us adapting, reproducing and publishing in printed, electronic and online/social media for internal and external promotional purposes in connection with the Program (including future years) without compensation to the Winner.
  3. The Winner unconditionally consents to any act or omission that would otherwise infringe any of their moral rights in the materials referenced above and agrees not to institute any claim or proceedings for infringement of their moral rights.

Judging Process  

  1. Entries will be assessed by Deloitte Australia and a select group of senior business leaders from within the community as well as senior Westpac personnel. The judging process will be as follows:
    1. Deloitte Australia will review and assess all applications (including due diligence) and select the General Prize Winners;
    2. Deloitte Australia will shortlist some Eligible Applicants for the Major Prize draw and Eligible Applicants may be approached by Deloitte Australia and/or our judging panel after submission of their Entry to discuss their Entry in more detail;
    3. Deloitte Australia and/or our judging panel may also review publicly available information about Eligible Applicants such as social media in assessing their Entry; and
    4. the judging panel will review all shortlisted entries in order to select the Major Prize Winners.
  2. Winners will be notified by 5pm on Thursday, 31 May 2018 and publicly announced via the dedicated Program website at a date to be determined in June 2018. The judges’ decision will be final and no further correspondence shall be entered into. The judges in their sole discretion will determine how many Winners are to be chosen.

General Prize Winners

  1. The judges will choose up to 200 Applicants as Winners of the Program (“200 Applicants”). All such 200 Applicants will receive the following prizes:
  • an invitation for one senior representative nominated by each business selected as one of the 200 Applicants to attend a three day curated Melbourne Business School program (including return economy airfares from their closest capital city and two nights’ accommodation);
  • the right to use the 2018 Westpac Businesses of Tomorrow logo, in accordance with Westpac’s standard licence terms which will be presented to the Winners, identifying the business as one of the 200 Applicants of the Program; and
  • National media recognition as a Winner of the Program.

(collectively referred to as the “General Prizes”)

Major Prize Winners

  1. From the pool of 200 Applicants, our judging panel will also select up to 20 major prize winners (“Major Prize Winner”; also referred to as “The Top 20 Businesses of Tomorrow”) who will receive, in addition to the General Prizes listed in clause 16(a)-(c) above:
  • two meetings with an allocated mentor to be selected by us, to occur on a date in 2018 as nominated by us, timing dependent on availability;
  • an invitation for one senior representative nominated by each Major Prize Winner to join a 12 day overseas study tour (inclusive of travel) which is scheduled to take place in or around August and September 2018 (“Global Study Tour Prize”). The Global Study Tour Prize includes transfers, business class international flights to and from Sydney, accommodation and meals but does not include incidental expenses incurred by nominated representatives, travel insurance or visa charges. This Global Study Tour Prize cannot be split and the length of the tour may vary depending on finalisation of itinerary at our absolute discretion. Applicant must be aged 18 years or over to attend the Global Study Tour; and
  • $50,000AUD (inclusive of GST) worth of professional services from an advisor (“Nominated Advisor”) to be selected jointly by Westpac and each Major Prize Winner, under the following conditions:
    1. the engagement will be between the Nominated Advisor and the representative of each Major Prize Winner directly;
    2. no more than one provider can be utilised in the fulfilment of the engagement under Clause 17(c)(i);
  • each Major Prize Winner must confirm their selected services by no later than 5pm on Wednesday, 31 October 2018 or earlier; and
  1. the selected services must be utilised in full on or before Monday, 31 December 2018, failing which the selected services will be forfeited by the Major Prize Winner.   

(collectively referred to as “the Major Prizes”)

General 

  1. All prizes, whether the General Prizes or Major Prizes, are not transferable or exchangeable and cannot be redeemed for cash.
  2. Winners may be liable to declare General Prizes and/or Major Prizes for taxation purposes and will be liable for any tax payable in respect of a prize. Applicants should seek independent financial advice in relation to any tax payable on General Prizes and/or Major Prizes and the potential impact on their business or personal financial situation prior to entering the Program.
  3. Except for guarantees, warranties and conditions implied by law which cannot be excluded, we do not make any guarantees, representations or warranties, express or implied, regarding the Program or the quality or suitability of any General Prizes and/or Major Prizes awarded under these terms and conditions.
  4. To the maximum extent permitted by law, we expressly disclaim liability for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained in connection with any participant’s participation in this Program or the acceptance or use of any of the General Prizes and/or the Major Prizes. The Applicant indemnifies the Westpac Group against any liability, injury, loss or damage which may be suffered, incurred or sustained by any member of the Westpac Group arising out of, relating to, or in any way connected with, any act or omission (including negligence) by the Applicant, or its use of the General Prizes and/or Major Prizes, or breach of these terms and conditions.
  5. We reserve the right to alter or cancel part or all of the Program at any time.