1.Information on how to apply forms part of these terms and conditions.
Applications are only open to Australian registered charity or not-for-profit organisation with Deductible Gift Recipient Status (endorsed under item 1 of the table in section 30-15 of the Income Tax Assessment Act 1997) (“Charity”). These terms and conditions are deemed accepted upon submission of an application.
2.The App Aid application process commences at 9am EDST on 02/08/12. Applications close 5pm EDST on 22/08/12. Only one application permitted per Charity. Chance and Skill play no part in determining the shortlisted applications for the App Aid program.
3.Applicants must complete the online application form on behalf of the Charity detailing what the objective of the Smartphone Application (“Smartphone App”) they would like to build and how it would bring value to the communities that they support. Once submitted, applications cannot be altered and it is deemed that the applicants have read, understand and agree to abide by these terms and conditions. Applicants must be committed to having a Smartphone App developed and released into the Australian market on or before 30 January 2013. If the information requested on the application form is not provided, the Charity may not participate in the application process.
Judging and selection of successful applicants
4.Up to 10 Charities in total will be chosen as finalists to attend the Vodafone Foundation App Aid Event held between 12pm EDST on 20/09/12 to 6pm EDST on 22/09/12 at VHA premises (“Event”). Each application will be individually judged according to the humanitarian and charitable merit. The Vodafone Foundation's decision in respect of all matters pertaining to the selection process is final and no correspondence will be entered into.
5.Shortlisting Finalists: The judges will, at their sole discretion, shortlist up to 20 applicants from all valid applications received. The 20 shortlisted applicants will participate in a telephone interview with a nominated representative of the Vodafone Foundation between 22/08/12 and 27/08/12. The 20 shortlisted applicants will be notified by email on 27/08/12 to confirm if they are selected to proceed to the next stage of the selection process or if they have not been successful. Up to 7 finalists will be selected from the shortlisted applicants and are required to confirm that they are able to attend the Event.
6.A further 5 applicants from the shortlisted applicants (“Further Applicants”) will be selected and expected to participate in polling votes via Facebook http://www.facebook.com/vodafoneau. From 5pm EDST on 31/08/12 to 5pm EDST on 13/09/12 the Further Applicants will have their applications available for public review. Votes from the Facebook polling will provide the judges with input to decide which 3 finalists to select from the Further Applicants to attend the Event. The Facebook polling vote information will be a factor considered, but not the sole factor considered, in determining the 3 finalists. The voting will take place via Facebook and only one vote per person will be allowed. No prizes will be awarded to any Further Applicant who receives the most votes. If Vodafone Foundation, in its sole discretion, has reason to believe that a Further Applicant is manipulating the voting process in any way, they may be disqualified. The 3 finalists chosen will be required to confirm that they are able to attend the Event.
7.App Aid Event: Prior to the Event, each of the 10 Charity finalists will be required to nominate 3 people to attend the Event to represent the Charity (“Charity Team”). Each Charity Team will be allocated a team of up to 4 smartphone app developers, by VHA, to provide the requirements of the Smartphone App (collectively referred to as App Aid Team). The App Aid Team will have up to 48 hours to build a Smartphone App prototype. The App Aid Team will then participate in a 10 minute presentation, which includes a demonstration of the Smartphone App prototype; a marketing plan detailing how the Smartphone App once developed beyond a prototype will be promoted through the Charity; and answer any questions the judges may have.
8.App Aid Event will be held as follows: (i)The Event Briefing Session commences from 12pm (EDST) on Thursday 20/09/12 and ends at 2pm (EDST) on Thursday 20/09/12;(ii)The Event commences from 2pm (EDST) on Thursday 20/09/12 and ends at 2pm (EDST) on Saturday 22/09/12. (iii)The Event Presentation commences from 2pm (EDST) on Saturday 22/09/12 and ends at approximately 6pm (EDST) on Saturday 22/09/12.
9.The App Aid Team will need to demonstrate that their Smartphone App prototype: (i)is unique, innovative and not replicated anywhere in the current Smartphone App environment, (ii)once developed further, would be highly engaging and encourage regular, repeated use by its users, (iii)will use Clever User Interface design taking the phones hardware features into account, such as shaking, waving, gestures, or voice activation.
10.Two successful Smartphone App prototypes will be selected by judging panel at the Event and the relevant Charity associated with the successful prototype will receive support from the Vodafone Foundation in accordance with clause 14 (“Successful Charity”).
11.The successful App Aid Teams must be available to the Vodafone Foundation for public relations purposes (including media interviews, with print, radio, TV or online media), inductions, and internal Vodafone presentations as reasonably required by the Vodafone Foundation from the date of the Event for a period of 12 months following the Event.
12.The Charity may be required to sign a separate agreement with the associated app developers to continue development of the Smartphone App following the Event. Neither VHA nor the Vodafone Foundation will be liable for the failure or refusal of the associated app developer to continue work with the Charity or to sign an agreement with a Charity.
13.VHA or the Vodafone Foundation does not accept any liability for any damage or loss nor breach of 3rd party IP rights arising there from except for any liability which cannot be excluded by law.The Vodafone Foundation's support
14.The Vodafone Foundation intends to make a donation to the two Successful Charities. The first Successful Charity chosen in will receive AUD$30,000 and the second Successful Charity chosen will receive AUD$10,000. The donations are pending each Successful Charity agreeing to the points set out in clause 15. Should the Successful Charity not agree, the Vodafone Foundation in its sole discretion may choose not to make any such donation.
15.The Vodafone Foundation would prefer each Successful Charity to use the donated money to further develop the Smartphone App prototype and release the completed Smartphone App to the Australian market. However, the Vodafone Foundation acknowledges that each Successful Charity, in its absolute discretion, may use the funds for any of its purposes.
16.The Vodafone Foundation will write to each of the Successful Charities confirming their intention to make a donation and noting that the Vodafone Foundation:(a)understands that the money donated to the Successful Charity will be used to develop and launch the Smartphone App beyond a prototype;(b)requests that the successful Charity notify the Vodafone Foundation if the successful Charity intends to use the donated money for any other purpose;(c)requests that the successful Charity acknowledge the Vodafone Foundation's assistance in any published or displayed material (provided it is a mere acknowledgement); and(d)requests that the successful Charity provide feedback as to how the donated money has been used.
17.VHA will provide each Charity Team with access to app developers. In addition, VHA will provide the App Aid Teams with internet connection, handsets for testing and purposes depending on the app platform and access to experts in marketing, design and technical skills to assist the teams as required. VHA may impose all necessary conditions and restrictions in respect of the use of their equipment and resources.
18.Each successful App Aid Team may be required, and must agree, to attend and participate in internal and external publicity activities and media (including television, radio and print) interview(s) as required by VHA 12 months from the date of the Event. Each successful App Aid Team will be required, and must agree, to provide written, audio and visual updates and reports to VHA and the Vodafone Foundation as to their experiences as required by VHA, but not less than once a month.
19.VHA may, in its sole discretion, meet other expenses relevant to a successful applicant and provide a successful applicant with other items and impose any necessary conditions and restrictions as it sees fit.
20.If, for any reason whatsoever, VHA is not satisfied with a successful applicant's performance of their obligations as set out in the VHA Agreement, it may terminate the VHA Agreement immediately.
21.Each of VHA and the Vodafone Foundation has the right to use each applicants entry, updates and reports (including written, audio and visual forms) and any photos or personal details and other publicity materials at VHA's and the Vodafone Foundation's absolute discretion for promotional and reporting purposes. By submitting an entry, each applicant unconditionally and irrevocably assigns all copyright and other intellectual property in any material provided to VHA.
22.Each applicant who attends the Event consents to the use of their voice and image by VHA and/or the Vodafone Foundation (whether obtained from the successful applicant's entry, interviews, reports, updates or otherwise) for any promotional use (including but not limited to their placement on VHA's and the Vodafone Foundation's websites) without any further compensation to the successful applicant. Applicants acknowledge that VHA and the Vodafone Foundation have the right but not the obligation to do so.
23.VHA and the Vodafone Foundation, at their absolute discretion and for an indefinite period, have the right to reference the smartphone app prototype and the subsequent market ready smartphone app for promotional, reporting and educational purposes, in any medium, without further approval of the Charity. The Charity will grant an irrevocable, non-exclusive, royalty-free, perpetual licence to VHA and the Vodafone Foundation to use any trademarks associated with the smartphone app in promotional, reporting and educational purposes.
24.The information provided to VHA or the Vodafone Foundation by all applicants will be used for a number of purposes to: (a)process and assess applications; (b)conduct statistical analysis; and (c)notify the applicant of other opportunities and programmes that are run byVHA or the Vodafone Foundation if the applicant so wishes to receive the information. VHA and the Vodafone Foundation will not collect, use or disclose your personal information for purposes other than described above unless the applicant has given consent or there are specified law enforcement or public health and safety reasons. By applying, unless otherwise advised, each applicant also agrees that VHA and the Vodafone Foundation may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the applicant. A request to access, update or correct any information should be directed to VHA or the Vodafone Foundation at the address set out below.
25.The Vodafone Foundation's financial support is a donation to two Successful Charities (as per clause 14) and is not transferable, exchangeable or redeemable for cash by the successful applicant.
26.No responsibility is accepted by VHA or the Vodafone Foundation for late, lost or misdirected applications.
27.Each applicant warrants that their participation in the promotion and any Smartphone App created for the Event or any logos or creative branding from each Charity does not breach the intellectual property rights of any third party.
28.Each applicant indemnifies and will keep VHA, the Foundation and the app developers part of the App Aid Team indemnified against any loss, costs (including legal costs), expenses or liability VHA or the Foundation may suffer arising out of:(a)An applicant’s breach of the warranties contained in clause 26;(b)Any property damage, injury or any other damage caused directly or indirectly by the applicant(c)Any breach of a third party’s intellectual property rights.
29.Each applicant acknowledges that it is the app developers (part of the App Aid Teams) which are providing the services of developing the Smartphone App (in accordance with the requirements of the Successful Charity) and that neither VHA nor the Vodafone Foundation is providing such services.
30.Notwithstanding any other provision of these terms and conditions, none of VHA or the Vodafone Foundation shall be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury that is suffered or sustained as a result of participating in this application process or as a result of:(a) any technical difficulties or equipment malfunction (whether or not under VHA’s control) during the Event; (b) any theft, unauthorised access or third party interference; (c) the cancellation or postponement of the Event; (d) the Smartphone App prototype or the Smartphone App not complying with the Charity Team’s requirements; (e) the Smartphone App prototype or the Smartphone App breaching any consumer guarantee under the Australian Consumer Law; and/or (f) developing the Smartphone App as a prototype or beyond, except for any liability that cannot be excluded by law.
31.All applications become the property of VHA and will not be returned.
32.“VHA” means Vodafone Hutchison Australia Pty Limited ABN 76 096 304 620 of level 7, 40 Mount Street, North Sydney NSW 2060.33.The “Vodafone Foundation” means the Trustee for Vodafone Australia Foundation ABN 78 289 151 335 of Level 7, 40 Mount Street, North Sydney NSW 2060.34.“VHA Premises” means Ground Floor, 40 Mount Street, North Sydney NSW 2060.