Terms and Conditions for the 
Transport for NSW Road Trip Innovation Challenge 2021

1. Ground rules

   1. By registering for the Challenge, you agree that you have read and understood, and are bound by, these terms and conditions (Challenge Terms) and all information provided on the Website.

   2. We reserve the right to change the Challenge Terms. By continuing to participate in the Challenge, you agree to that you have read and understood the amended Challenge Terms and all related information provided on the Website.

2. Eligibility

   1. You must meet the eligibility requirements of the Challenge.

   2. This challenge is only open to any Person. Person means any individual, firm, company, association, trust, joint venture, consortium or partnership.

   3. If you are under the age of 18, we require that you submit a written permission from your parent or legal guardian for:

      1. your participation in the Challenge; and

      2. 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 payment to you.

   4. If you are registering as a group (Team), your Team’s eligibility for the Challenge will depend on the eligibility of each member of your team. You must ensure that all members of your Team comply with the Challenge Terms and New Challenge Terms. If one member of your team does not comply with these terms and conditions or is disqualified for any reason, we may disqualify your team’s entry in the Challenge.

3. What we expect of you

   1. We worked hard to develop this Challenge and make it as valuable and enjoyable for you and us. While we welcome any feedback you might give us, you must not:

      1. engage in any activity which brings our name into disrepute or is otherwise prejudicial to us;

      2. make or endorse any disparaging comments about us in relation to the Challenge;

      3. engage in any offensive or discriminatory behaviour towards us, our representatives or other participants in the Challenge;

      4. represent that you are our agent or are affiliated with us (other than through your participation in the Challenge); or

      5. provide incorrect, misleading or fraudulent information.

   2. Your safety is important to us. You agree to comply with any safety or operational policies that we tell you about and reasonable directions that we may give you. While you are on our premises, you 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 our premises.

4. Application period

   1. You may submit your application from 5:00 PM AEST on Wednesday 8 September, 2021 until 11:59 PM on Wednesday 22 September (“Application Period”).

   2. An application is received at the time it is received by the Website (not at the time of submission by the applicant).

   3. TfNSW does not guarantee that its Website, information technology network or infrastructure, systems or applications is error-free. TfNSW does not accept liability whatsoever for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected applications or correspondence, howsoever caused.

5. To apply

   1. To be considered for the Challenge, you must complete and submit the application form available on the Innovation Challenge website (Website) [https://opendata.transport.nsw.gov.au/road-trip-terms-and-conditions]. Applications not made through the Website will not be considered.

   2. To ensure your application is valid, you must:

      1. answer all the questions on the application form;

      2. provide complete and accurate details, including:

         1. your full name;

         2. your ABN;

         3. your postal address, telephone or mobile nymber and email address (Contact Details);

         4. if you are a student, the name of your school or university;

         5. if you are registering as a Team:

            1. the Team name;

            2. the full name and Contact Details of each Team members and;

            3. the ABN of each Team Member;

            4. the name of the Team’s primary contact;

         6. if you are not registering as an individual, the name of the registered entity; and

      3. submit a brief summary of the proposal or idea (Idea).

   3. If you have more than one Idea, you may submit an application for each Idea, in accordance Challenge Terms.

   4. Applications that do not comply with the Challenge Terms will not progress to the selection process.

6. Reviewing criteria

   1. Any selection criteria for the Challenge disclosed by us is:

      1. provided by way of guidance only, so you are aware of the items of interest that we may take into consideration when carrying out the selection process; and

      2. neither exhaustive, nor listed in any order of priority, and

      3. may not all be taken into account or be given equal consideration by us.

   2. In evaluating your Entry, we may take into account the information provided in your application and any other information that we consider relevant to the selection process.

7. Challenge stages

   1. Stage 1: Review applications

   2. We will establish Transport Evaluation Panel (Panel) consisting of subject matter experts within or outside of TfNSW which will be responsible for:

      1. reviewing applications and entries (Entries) in accordance with the process set out in the Challenge Terms; and

      2. recommending Entries that are of interest for further evaluation.

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   3. Stage 2: Evaluate and shortlist

The Panel will score all valid Entries and recommend certain Entries to us for Pitch Day (Selected Entries).

Evaluation Rubric

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   4. Stage 3: Pitch day

      1. Pitch day will be held on Wednesday, 6 October 2021, as a virtual event (Pitch Day).

      2. If you are the proponent of a Selected Entry (Pitch Participant) you:

         1. will receive the audio/video link details to enable your attendance; and

         2. must present your ideas, proposed solution, its features and the expected benefits of the ideas and/or proposed solution to Transport customers, to the Panel.

      3. You must be present on Pitch Day, otherwise, you will be excluded from competing in the Challenge.

      4. After Pitch Day, the Panel will recommend high-potential Entries (Successful Entries) to us for the next stage, incubation.

   5. Stage 4: Incubation period

      1. Incubation is an approximately 12-week intensive support program during which TfNSW will, at its sole discretion, provide proponents of Successful Entries (Proponents) with access to data, existing source code and subject matter experts, to help transform Ideas into products.

      2. Proponents will be eligible to participate in the Incubation stage only if they  have, to the satisfaction of TfNSW:

         1. consented to and passed a National Police Check; and

         2. entered into an agreement with TfNSW that defines funding, scope, timelines and protocols for engagement and conduct in relation to the Challenge;

      3. The purpose of Incubation is to create a market-ready product that meets the TfNSW endorsement criteria (as set out in Clause 7.7(b) below).

      4. If you are a Proponent, we may grant you seed funding or you may apply for seed funding up to a maximum amount of $25,000 plus access to the Australian Tourism Data Warehouse (ATDW) API for the NSW geography for 12 months (subject to terms and conditions of any licencing arrangement required to be entered into ATDW or TfNSW). In evaluating each Entry, TfNSW will consider the request for seed funding as a total value and as a proportion of the total project value/budget.

      5. Seed funding provided by TfNSW to any Proponent is to be used solely for the development and promotion of the solution or product presented in the application process.

      6. If we decide to grant seed funding, we will require Proponents  who receive such seed funding to:

         1. where applicable, register as a supplier under the NSW Government ICT Procurement Framework; and

         2. enter into a funding agreement with us, in a form acceptable to us.

   6. Stage 5: Product launch

      1. At the end of the Incubation stage, we will identify and issue a public release of products we consider to be of high-quality, innovative, meet customer needs and market-ready (Products).

      2. We will test the Product against our testing and acceptance criteria (such criteria to be determined by us in our absolute discretion) before public release of any Products.

   7. Stage 6: Endorsement

      1. If you are a Proponent, we may endorse Products that meet our endorsement criteria. If your Product is endorsed by us, you will:

         1. be required to enter into an endorsement agreement with us; and

         2. may receive marketing support such as, media activities, press releases, social media campaigns and publication on the Open Data Hub and other NSW Government websites.

      2. To be eligible for endorsement, your product must meet the following criteria:

         1. Design and User Experience: The Product design meets the needs of customers and provides a high quality user experience. The Product must stay up-to-date with contemporary industry trends and standards;

         2. Compliance, Privacy and Security: The Product is safe and secure and complies with all applicable laws and regulations, including in relation to security and privacy. There is a plan in place to continuously monitor and maintain security and privacy measures in relation to the use of the Product;

         3. Ongoing Development: There is a plan in place to constantly maintain the quality of the Product both from a technical and user experience perspective;

         4. Customer support: Customer support services must be in place and be maintained on an ongoing basis in relation to the use of the Product. Such services must be responsive to customer enquiries and provide a level of service deemed reasonable by TfNSW (in its sole discretion);

         5. Cooperation and collaboration: The Proponent in respect of any Product which we may endorse must maintain a positive and collaborative ongoing relationship with TfNSW; and

         6. Commercial Sustainability: The commercial model for the Product must be viable and sustainable in the long term.

8. Our reserved rights

   1. We reserve the right, in our absolute discretion, to:

      1. discontinue the Challenge for any reason or if we do not receive a sufficient number of eligible applications or Entries that meet the minimum judging criteria;

      2. not to progress any Successful Entries to Incubation;

      3. determine the amount of seed funding and how it will be used, or not to grant seed funding or cease seed funding;

      4. cease or substitute the support given to a Proponent or Product during the Incubation and Product launch stages of the Challenge;

      5. endorse or not endorse a Product; and

      6. determine (in our sole discretion) the type of support we consider necessary if we endorse a Product.

   2. Our decisions regarding Selected Entries, Successful Entries, seed funding, Incubation, product launches and endorsements is final and not subject to any appeal or review.

   3. We reserve the right in our sole and absolute discretion to amend or discontinue all or any part of the Challenge Terms 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.

9. Conflict of interest

   1. We want our Challenge to be fair for everyone. You must immediately notify us whether an actual or potential conflict of interest exists in relation to your participation in the Challenge.

   2. Because a conflict of interest may seriously impact our Challenge, if you tell us about an actual or potential conflict of interest, or it otherwise comes to our attention, we may take any action we consider appropriate, including excluding you from further participating in the Challenge or disqualifying your entry from the Challenge.

10. Your material

    1. During your involvement in this Challenge, you may provide or communicate your application and Entry to us which may include source code, photos, documents, presentations, written or oral statements or other materials on which your application or Entry is based. After the Challenge, you may develop further materials based on, or arising from, your Entry and participation in the Challenge (collectively, Your Material).

    2. As between you and us, you own all intellectual property rights (IPR) 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.

    3. You grant us a perpetual, non-exclusive, irrevocable, worldwide, royalty-free licence to use, reproduce, publish, modify, transfer, sublicense and otherwise communicate to the public, Your Material for any purpose related to
       the Challenge, including marketing, promotional and other non-service delivery functions across all modes of transport - roads, rail, ferries, light rail and point to point.

    4. Subject to the licence you grant us under clause 10.3, you acknowledge that it is up to you and your Team members to decide how the IPR in your Entry is owned. We do not accept any liability for any disagreement among team members regarding ownership of any IPR in Your Material.

    5. You warrant that:

       1. 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 10.3;

       2. our use of Your Material in accordance with the Challenge Terms will not, to the best of your knowledge, 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);

       3. Your Material will not contain malicious code, such as viruses, time bombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information; and

       4. Your Material will at all times be true, accurate, not misleading and up to date.

    6. If you use any third party websites, software or hardware during the Challenge (including any provided by us to you), you agree that you do so at your own risk and in accordance with the relevant third party’s terms of use. We don’t take any responsibility for your use of third party websites, software or hardware.

    7. We (and our licensors) reserve all IPR in any materials we disclose to you (Our Material). We grant you a licence to use and reproduce Our Material for the sole purpose of your participation in the Challenge. If expressly requested by Us in writing, You must remove any of Our Material from Your Material at the conclusion of the Challenge.

11. Confidentiality and privacy

    1. So that we can review and evaluate your Entry, you may need to disclose Your Materials to us, the Panel or our other representatives.

    2. You agree that we may publicly disclose Your Material (or any part of Your Material) that you submit to us as part of the Challenge in our discretion, or in any media for future promotional, marketing and publicity purposes, or for communicating with you.

    3. If you mark Your Material as “Material is NOT for public disclosure”, we will not disclose Your Material except:

       1. with you or your team’s prior written consent;

       2. as required by law or the rules of a stock exchange; or

       3. to the extent that the information is in the public domain (other than because of a breach by us of these terms and conditions).

    4. 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, without further payment to you.

    5. Personal details submitted to us by you are protected by security safeguards compliant with the Privacy and Personal Information Protection Act 1988 (NSW). You agree that we or our contractors may disclose and use any other personal information about you in accordance with our Privacy Statement, which is available at https://www.transport.nsw.gov.au/privacy-statement. If you would like to access or correct the personal information that we hold about you, you can contact us by email at opendataprogram@transport.nsw.gov.au or privacy@transport.nsw.gov.au.

    6. Our Material and any other information, materials or content we provide to you during the course of the Challenge (Confidential Information) is strictly confidential and may only be disclosed by you:

       1. with our prior written consent;

       2. as required by law; or

       3. to the extent that the information is in the public domain (other than because of a breach by you of these terms and conditions).

    7. At the end of the Challenge or within 14 days of a request by us, you must destroy or return all copies of our Confidential Information

    8. You acknowledge and agree that:

       1. we are involved in a broad range of research and development activity ourselves, and that it is possible that we may work on or have worked on something similar to your Entry; and

       2. we will not be prevented in any way from pursuing similar work

12. Our liability to you

    1. You acknowledge that:

       1. your participation in the Challenge is voluntary and at your own risk;

       2. you and us do not intend to create an employment or agency relationship;

       3. neither of us is under an obligation to engage in negotiations or enter into a commercial relationship with each other; and

       4. we are not responsible for any dispute among applicants, participants, Proponents, Teams or Team members relating to any component of the Challenge.

    2. We exclude all warranties in relation to the quality, suitability or merchantability of any component (including any support we provide during any stage) of the Challenge, except those that cannot be excluded by law.

    3. To the fullest extent permitted by law, you release us from any liability for:

       1. any loss, injury or damage (including liability arising from the actions of our employees or agents); or

       2. for breach of any rights a consumer may have;

that you may suffer or incur arising from your participation in the Challenge, these Challenge Terms, or in relation to any gift, award, gratuity, goods, services, credit, reward, funding or any other thing or act of value. Except as set out in clause 12.1(c), where we cannot exclude liability, our limit of total liability to you is AUD $25,000.

13. Your liability to us

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, cost, expense, settlements, or other right of action, reasonable legal and accounting fees, arising in connection with:

13.  
    1.  

       1. any breach by you of any provision of the Challenge Terms;

       2. any death, injury and property damage directly or indirectly caused or contributed by you;

       3. any negligent or unlawful act or omission by you during the Challenge; or

       4. 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.

14. Costs

Except as expressly set out in the Challenge Terms, you will bear all costs associated with your application and participation in the Challenge, and the preparation and submission of Your Material.

15. General

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

    2. All times listed in these Challenge Terms are in, as applicable, Australian Eastern Daylight Time (AEDT) or Australian Eastern Daylight Savings Time (AEDST).

    3. Any other hardware or software (including cloud accounts etc) that we make available to you will be deactivated at the conclusion of your participation in the Challenge.

    4. The Challenge Terms is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them to determine any dispute concerning these terms and conditions or the Challenge.

    5. Clauses 8 (Our reserved rights), 10 (Your material), 11 (Confidentiality and privacy), 12 (Our liability to you), 13 (Your liability to us), 11 (General) and any other provisions of these terms and conditions which by their nature survive termination or expiry of the Challenge Terms will survive termination or expiry of these terms and conditions.

    6. The Challenge Terms together with the Website terms shall prevail over and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Challenge.

    7. The words ‘we’, ‘us’, and ‘our’ in this document refer to Transport for NSW (ABN 18 804 239 602).

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

    9. A failure by us to enforce any term in Challenge Terms will not constitute a waiver of that term.

    10. 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.

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

    12. 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.

    13. 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.