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The following Terms and Conditions apply to the Active Transport Bike Riding Innovation Challenge:

Disclaimer: We reserve the right to amend these Terms and Conditions at any time, and you agree to abide by the most recent version of these Terms and Conditions. 

  1. These terms apply

    1. By applying through the Active Transport Bike Riding Innovation Challenge website (opendata.transport.nsw.gov.au/active-transport-bike-riding-innovation-challenge) (“Application”), you agree to these Terms and Conditions.

    2. If submitting a Group Application, you warrant that you have obtained consent from each group member and that each group member agrees to these Terms and Conditions.

    3. Applications must comply with these Terms and Conditions to be valid and accepted.
       

  2. Eligibility to submit an Application

    1. For the purpose of these Terms and Conditions, a reference to an Applicant(s) means an individual or group of individuals who have submitted an Application of Interest in accordance with these Terms and Conditions.

    2. Applications of Interest are open to:
      (a) individuals; and
      (b) groups of individuals and organisations (each a Group Applications);

    3. Individual Applicants or any member of a Group Application under the age of 18 must submit written consent from a parent or guardian with their Application.

    4. Employees and their immediate families of TfNSW, Sydney Trains and NSW Trains are not eligible to enter the competition.

 

  1. How to Submit Application

    1. Applicants must complete and submit the application form available on the Innovation Challenge website (opendata.transport.nsw.gov.au/active-transport-bike-riding-innovation-challenge).

    2. To register, Applicants are required to:

      1. Submit complete and accurate contact details, including:

        1. Team name (if Group Applications);

        2. ABN (if applicable);

        3. Individual Applicant’s full name;

        4. Applicant’s contact email address, contact phone number, organisation or university (if applicable); and

        5. If Group Application, nominated primary contact and details as outlined in paragraph (6.2.1.3)(6.2.1.4)

      2. Provide a brief summary of the proposal (Idea);

      3. Answer all questions set out on the application form.

    3. Applications of Interest that do not comply with these Terms and Conditions are invalid and will not be accepted.

    4. Applicants may submit multiple Applications of Interest. A separate Application must be submitted for each idea.

  2. Selection Process

    1. The selection process includes the following stages:

      1. Applications of Interest 

      2. Evaluation by the Transport Evaluation Panel 

      3. Pitch Day where teams selected as high-potential applications will be invited to pitch to a panel of expert judges and Transport for NSW staff.

      4. Incubation. Applicants selected from the Pitch Day will be invited to engage in a 12 week incubation program.

      5. Product launch. Market ready products due to launch at the conclusion of the incubation program.

      6. Endorsement. Solutions that meet the endorsement criteria may be considered for endorsed by TfNSW.
         

  3. Applications of Interest

    1. Application Period. Applications of Interest open on 12 May, 2021 and close midnight on 23rd May 2021 (“Application Period”).

    2. Any Application of Interest not received by TfNSW via the Innovation Challenge website during the Application Period will not be considered.

    3. Applications of Interest are deemed to be received at the time they are received by the Innovation Challenge website and not at the time of submission by the Applicant. ****TfNSW does not accept responsibility and is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected Applications of Interest, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. TfNSW has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. TfNSW is not liable for any consequences of user error including (without limitation) costs incurred.
       

  4. Selection of successful Applicants

    1. An evaluation panel will be appointed by TfNSW (Evaluation Panel) to assess all Applications of Interest.

    2. The Evaluation Panel will assess all Applications of Interest against the Evaluation Criteria determined by TfNSW in its sole discretion.

    3. The Evaluation Panel will score and rank all valid Applications of Interest and recommend a certain number of Applicants (“Approved Applicants”) for approval to be invited to pitch or be considered to become an Approved Applicant.

    4. TfNSW’s decision to accept any Approved Applicants is final and no correspondence will be entered into. TfNSW will not disclose any details regarding the Evaluation Panel’s assessment of Applications of Interest except where required to do so by law.
       

  5. Evaluation Criteria (Table 1)

 

Evaluation Criterion

Overview

Considerations/Questions

Customer Experience

Challenge statement is addressed.

 

Must improve customer outcomes or improve experience for customers.

Does the solution address the problem statements?

 

Is the customer value proposition clear?

 

Enhances the experience of customers

Market Feasibility

How will the product serve its target users?

Does the solution have an existing user base?

 

Does it provide value to a market which is currently under served?

 

How will you reach the target market?

Commercial Sustainability 

An assessment will be made about whether the solution is likely to be commercially sustainable in the long term.

Beyond seed funding (if required), how will the solution be sustainable in the future?

 

Is there a commercial model that has been clearly defined and is operationally sound?

 

The team has previous entrepreneurial experience with the ability to execute the solution and maintain the solution for the long term.

Technical Feasibility

Does the team have the skills and experience required to effectively develop and launch the solution?

How can the team demonstrate their ability to develop and implement the solution? 

Value for Money

Does the solution provide NSW Government value for money?

How will the solution use the seed funding (if required)?

 

How will the solution demonstrate the value it provides for the NSW Government?

 

  1. Invitation to Attend Pitch Session

    1. The Evaluation Panel will score and rank all valid Challenge Entries and recommend a certain number of Applicants be invited to the virtual Pitch Session where invited Applicants will present their Proposed Solution and its potential features and benefits to the Evaluation Panel.

    2. TfNSW’s decision to invite, or not to invite Applicants to the Pitch Session is final and no correspondence will be entered into. TfNSW will not disclose any details regarding the Evaluation Panel’s assessment of Challenge Entries except where required to do so by law.

    3. Invited Attendees (or at least one member of a Group Registration) must be available on [Date]  to attend the virtual Pitch Session and present their solution to the Evaluation Panel. Details of the time and location of the Pitch Session will be confirmed by TfNSW when notifying invited attendees.

    4. The Pitch Session will be a virtual event, held by audio/visual link. TfNSW will provide details to Invited Attendees including a link to attend at the selected time. 

 

  1. Incubation and Funding

    1. Applicants who are selected to progress past the Pitch Day will be invited to incubation. Incubation consists of a 12 week intensive support program where Applicants get access to data and optionally existing source code to develop their product and well as subject matter experts. The purpose of the incubation phase is to create a market-ready product that meets the TfNSW Endorsement Criteria. 

    2. Applicants who progress to the Incubation phase may be required to enter into an agreement with TfNSW. Any such agreement will include provision for the payment of any Seed Funding.

 

  1. Endorsement

    1. Approved Applicants in the challenge may have the opportunity to be endorsed by TfNSW. TfNSW endorses products that are of high quality, innovative and solve customer problems. Endorsed products are required to meet the following Criteria

    2. Endorsement Criteria 

      1. Organisational strategic Alignment: There is an organisational strategic alignment or demonstrated commitment to delivering improved customer outcomes. 

      2. Demonstrated ability to deliver an improved customer experience.

      3. Technology and Resource capability and availability: The proponent has the resources and capability and technology to deliver the proposed solution. The technology to deliver the solution is available and accessible.

      4. Proposed timeframe and approach to achieve the milestones: There is a feasible approach that will be taken to design, build and deliver the solution.

      5. Indicative Investment Required: If there is Seed Funding required to perform the service, it must be stated and provides the best value for money for NSW Government.  A model to commercialise and make sustainable is known. The RFEOI evaluation will consider the request for seed funding as a total value and as a proportion of the total project value/budget.

    3. Endorsed products will receive support from TfNSW, as well as inclusion in media activities such as press releases, social media campaigns and Transport.info and Open Data Hub and Developer Portal websites.
      Approved Applicant’s products will be tested prior to being endorsed and launched to the market.
       

  2. No compensation or reimbursement

    1. All costs associated with the Application and attendance to any activity of the Innovation Challenge are costs borne by a Applicant (including, without limitation, any data or internet costs incurred in accessing the application form, developing the Idea before, during or after the Application Period or travel to or from any activity).
       

  3. No Relationship or Obligation

    1. Applicants acknowledge that acceptance of the Application of Interest, or any Endorsement by TfNSW, creates no relationship with TfNSW and TfNSW is under no obligation to engage in negotiations or enter into a commercial relationship with the Applicant.
       

  4. Misconduct of Approved Applicant

    1. TfNSW reserves the right to disqualify and reject any application and terminate any access granted to any Applicant that it considers to have engaged in misconduct or sought to benefit by using the intellectual property of other Applicants or otherwise.
       

  5. Provision of misleading information upon submission of a Application

    1. Applicants who are deemed by TfNSW to have provided incorrect, misleading or fraudulent information may, at the discretion of TfNSW, be deemed invalid.
       

  6. Intellectual property rights

    1. Unless otherwise provided by law, Applicants own any intellectual property rights in the submission of presentations and Applications of Interest.

    2. Applicants grant TfNSW a perpetual, irrevocable, worldwide, royalty and payment free, transferable, sub-licensable right to exercise all of the intellectual property rights in the contributions for the purpose of assessing Applications of Interest and Ideas.

    3. Applicants warrant that they have the right to grant the licenses described above. If you are not in a position to grant the licenses set out above, please do not make any contribution to the Application.

    4. All Applicants warrant that their Application is their own original work and does not infringe the Intellectual Property Rights of any other person.

    5. Without limiting or otherwise restricting clause 18.1, Applicants hereby indemnify TfNSW against any third party liabilities, claims, costs, expenses (including legal costs), loss or damage incurred by TfNSW as a result of publishing any material submitted by Applicants as part of their Application.
       

  7. Non-Disclosure

    1. The successful Applicants, their partners, employees or agents shall not, without prior written approval of TfNSW, disclose information or release material of a confidential nature provided to the successful Applicants by TfNSW in connection with the provision of the data, to any person other than TfNSW.
       

  8. Marketing

    1. The successful Applicants, their partners, employees or agents shall not, without prior written approval of TfNSW, disclose information or release material of a confidential nature provided to the successful Applicants by TfNSW in connection with the provision of the data, to any person other than TfNSW.
       

  9. Limitation of liability

    1. Except for any liability that cannot be excluded by law, TfNSW (including its officers, employees and agents) will not be liable for any loss or damage whatsoever that is suffered or sustained (including but not limited to indirect or consequential loss) or for any death, illness, personal injury or property damage suffered or sustained (even caused by negligence), as a result of, or in any way connected with, this Application or Award.

    2. To the extent permitted by law, all Applicants agree to release, fully indemnify and keep fully indemnified, TfNSW (including its officers, employees and agents) from and against all liability, cost, loss, damage, expense, claim or other right of action arising out of, or in connection with, this Application or accepting or using the Award including (but not limited to) death, illness or personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission or otherwise.

 

  1. Personal information

    1. The details contained in Application are protected by security safeguards compliant with the Privacy and Personal Information Protection Act 1988 (NSW). TfNSW collects Applicants’ personal information in order to conduct the Application. If the information requested is not provided, a Applicant may not register. By submitting a Application, unless otherwise advised, Applicants also agree that TfNSW and its contractors may use this information, in any media for future promotional, marketing and publicity purposes, including but not limited to sending the Applicant electronic messages or telephoning the Applicant, without any further reference, payment or other compensation to the Applicant. A request to access, update or correct any information should be directed to TfNSW. All information relating to Applicants provided to TfNSW will be held in accordance with TfNSW’s Privacy Policy which is available at www.transport.nsw.gov.au/content/user-privacy-policy.
       

  2. Miscellaneous

    1. Applicants are responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.

    2. All times listed in these Terms and Conditions of are Australian Eastern Daylight Time (AEDT) or Australian Eastern Daylight Savings Time (AEDST) during the times where Daylight Savings is in effect.

    3. TfNSW reserves the right to amend these Terms and Conditions at any time during the Application Period.

    4. These Terms and Conditions will be construed according to the laws of New South Wales and Applicants submit to the exclusive jurisdiction of the courts of that State.

    5. “Including” is not a word of limitation.

    6. Failure by TfNSW to enforce any of its rights at any stage does not constitute a waiver of those rights.

    7. If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.

    8. A word importing the singular includes the plural (and vice versa).

    9. If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.

    10. Nothing in these Terms and Conditions is to be interpreted against TfNSW solely on the ground that TfNSW put forward these Terms and Conditions or any part of them.