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The App4IR Challenge is now closed. Thank you to everyone who submitted an application.

App4IR Challenge 2014 terms and conditions

App4IR Challenge

TERMS AND CONDITIONS

1. BACKGROUND

The App4IR Challenge 2014 ("Challenge") is being run by the Inland Revenue Department ("we", "us", "Inland Revenue" or "IR") in collaboration with Creative HQ Limited. The Challenge seeks proposals for the design of a mobile application that will enhance interactions between small businesses and Inland Revenue ("App4IR"). The winning proposal will be developed and funded by Inland Revenue in collaboration with the winner.

2. ENTER THE CHALLENGE

To enter the Challenge you need to:

  1. Age and Residency: be 18 years of age or older and a New Zealand resident;
  2. Register: register at www.app4ir.ird.govt.nz. By registering for the Challenge you accept and agree to be bound by these terms and conditions ("Terms");
  3. Entry Form: submit a description of your App4IR proposal on a completed Entry Form to www.app4ir.ird.govt.nz. You will receive the Entry Form in an information pack ("Pack") when you register. The Pack will be emailed to you and will include information on preparing your App4IR proposal;
  4. Entry Period: register and submit your Entry Form during the entry period starting at 9 am, Thursday , 6 March 2014 ("Start Date") and ending at 5 pm, Monday, 14 April 2014 ("End Date"). An entry submitted outside the entry period will not be accepted; and
  5. Other terms: meet any other criteria for entry specified in these Terms.

3. TEAM OR LEGAL ENTITY

You may enter the Challenge alone, as a team, or as a legal entity like a company.

  1. Team: Only a team captain may enter the Challenge on behalf of a team. We will correspond with you as the team captain (if necessary), on behalf of the team. Each team member must be listed on the Entry Form and must meet the above entry criteria. By entering as a team, each team member agrees to be bound by these Terms. You must notify us in writing if you want to add or delete a team member and any proposed new team member must comply with the requirements of this paragraph as a condition of becoming a team member. If one or more members of the team do not comply with these Terms or are disqualified, the team and its entry may, in our sole discretion, be disqualified. References to “you” in these Terms apply to each team member.
  2. Legal entity: If you enter the Challenge as a legal entity, references to "you" and "your" in these Terms shall apply to the legal entity. By entering the Challenge the legal entity warrants and represents that:
    1. it is duly organised, validly existing and in good standing under New Zealand’s laws;
    2. it is authorised to enter into and be bound by these Terms; and
    3. by signing these Terms the legal entity accepts and is bound by these Terms.
    If an entry by a legal entity is successful at any phase of the Challenge, a person with legal authority to bind the legal entity may be required to validate the entity’s authority to enter and receive the relevant incentive (as further described below).
  3. Team or entity disputes: We are not responsible for any claims or disputes between one entrant and another or with any third party regarding ownership of an App4IR proposal or the content of an entry. We may disqualify one or more entrants, without recourse and in our sole discretion, if any such claim or dispute arises during the Challenge.

4. ENTRY EVALUATION

  1. Evaluation:After the End Date we will evaluate all valid entries and select a small number of entries for presentation by the entrants to a panel of judges (“Panel”) described in section 5. The App4IR evaluation criteria will include:
    • Solution of problem / pain point: The manner and extent that a problem / pain point experienced by small businesses interacting with IR is solved.
    • Customer value added: The value added to small businesses.
    • Usability and design: Ease of use, quality of design and quality of presentation.
    • Technical feasibility: The capability of being executed and ability to integrate with existing systems and data sources.
    • Versatility: Applicability to another business segment or problem / pain point.
    • Innovation: The degree of innovation.
    • Enhancement of IR: The degree of enhancement of IR's brand / reputation.
    These evaluation criteria are not exhaustive, are not listed in order of precedence and may not be given equal consideration by us. We may also take such other matters into consideration as part of the evaluation as we deem appropriate.

    Our selections and decisions made in relation to the evaluation of entries are at our sole discretion and are final.

    In evaluating an entry we may engage the services of one or more independent third parties.

    We reserve the right to not select any entries for presentation to the Panel.
     
  2. Selection for presentation: : If, on the evaluation of entries, your entry is selected by us (in collaboration with Creative HQ) for presentation by you to the Panel we will notify you by telephone of your selection (at the number submitted as part of your entry).

    You will need to confirm your intention to make a presentation to the Panel by Tuesday 22 April 2014 (“Confirmation Date”).

    If we are unable to contact you or you do not confirm you intention to make a presentation by the Confirmation Date your opportunity to present to the Panel may, in our sole discretion, be forfeited and an alternate entry may be selected for presentation to the Panel.

5. JUDGING PANEL

  1. Presentations to Panel: If your entry is selected for presentation to the Panel you will be invited to present your App4IR proposal to the Panel in Wellington on Monday 28 April 2014 (“Presentation Day”) along with the other entrants we selected to present.

    Your presentation should be no more than 20 minutes long. The Panel may have questions for you to answer in the course of your presentation. 
  2. Costs: You will need to meet and pay for all of your costs in travelling to Wellington to present your App4IR proposal to the Panel. If you are unable to travel to Wellington you may present your App4IR proposal to the Panel over Skype or, subject to availability, use the video conferencing facilities at the nearest Inland Revenue office.
  3. Panel evaluation: The Panel may select one or more Challenge winners (“Challenge Winner”) based on the Panel’s evaluation of presentations made to the Panel and the evaluation of the associated entries described in section 4 above.

    The Panel may take such other matters into consideration as part of the Panel evaluation as the Panel deems appropriate.

    The Panel’s selection(s) and decision(s) made in relation to the Panel evaluation are at the Panel’s sole discretion and are final.

    The Panel reserves the right, at its sole discretion, to not select a Challenge winner. We may engage the services of one or more independent third parties to participate in the Panel.

6. CHALLENGE WINNER

  1. Notification of win: The Challenge Winner will be notified on the Presentation Day that their entry has won the Challenge.
  2. Intellectual Property in winning App4IR: Subject to section 6 (c), the Challenge Winner will retain all intellectual property rights in their winning App4IR.
  3. Grant of Licence: Subject to section 6 (h), on winning the Challenge the Challenge Winner hereby grants to Inland Revenue an exclusive, royalty-free (other than as provided for in section 6 (d)), irrevocable, transferable and perpetual licence to use, modify, develop and otherwise deal with all intellectual property in the winning App4IR (whether developed before or after the acceptance of these Terms) in New Zealand in any way at Inland Revenue’s absolute discretion. The Challenge Winner will not make any claim of any kind in relation to Inland Revenue exercising its rights under this section 6 (c).
  4. $10,000 Payment: Subject to section 6 (h), we will pay the Challenge Winner $10,000 to the Challenge Winner’s nominated bank account in consideration for the Challenge Winner granting the licence specified in section 6 (c) to Inland Revenue.

    If the winning App4IR is submitted on behalf of a team or legal entity, we will make the $10,000 payment to the bank account nominated by the team captain or to the legal entity's representative whose contact email address was submitted as part of the Challenge Winner's entry.

    We are not responsible for decisions on the division or distribution of the $10,000 payment between team members or within a legal entity. Payment of the $10,000 is also subject to you providing us with such information as we require to meet our legal obligations in relation to such payment.
  5. Non-use: The Challenge Winner will not, at any time, use, disclose or deal with any intellectual property rights in the App4IR in relation to any party other than Inland Revenue, without first obtaining Inland Revenue’s written consent.
  6. Development of App4IR: Subject to section 6 (h), we will develop and fund the development of the Challenge Winner’s App4IR with such funding to be up to an amount we deem appropriate at IR’s sole discretion.
  7. Collaboration Agreement: The Challenge Winner may will be invited to enter into a Collaboration Agreement with Inland Revenue to assist in the development of the Challenge Winner’s App4IR. On signing the Collaboration Agreement the Challenge Winner will receive amongst other things the benefit of collaborating with Inland Revenue in the development of the winning App4IR with such development funded by IR.

    The degree of collaboration and the nature of the obligations specified in a Collaboration Agreements will be subject to the characteristics of the winning App4IR entry and / or the experience and background of the Challenge Winner.

    If a Challenge Winner does not enter into a Collaboration Agreement with Inland Revenue or comply with these Terms, the Challenge Winner will not receive the benefits specified in this section 6 (g).

    Failure of a Challenge Winner to enter into a Collaboration Agreement with Inland Revenue will not restrict or in any way limit Inland Revenue's rights specified in section 6 (c).
  8. Rejection of Challenge Winner: Inland Revenue has the right to reject a Challenge Winner at any time (in which case the Challenge Winner’s win will be immediately forfeited and void) and select a new Challenge winner if there is a good reason to do so including breach of or noncompliance with these Terms, or for an act of omission by the Challenge Winner which Inland Revenue determines in its sole discretion adversely reflects on the integrity of the Challenge Winner and / or on the integrity or reputation of Inland Revenue.

    Inland Revenue shall have the right at any time to require the Challenge Winner to be reviewed for tax compliance by completing an IR822 form. This form authorises Inland Revenue to review the Challenge Winner's taxation records.

7. ENTRY MATERIAL

In entering the Challenge, you may provide or communicate to us: details of (and software code in relation to) your App4IR, and related documents, presentations, written or oral statements or materials including the intellectual property therein ("Material"). You represent, warrant and undertake that:

  1. Ownership: you own your Material and are authorised to grant the licence in section 6 (c);
  2. Originality: your Material is all original work, and must not have been previously submitted to any other organisation anywhere in the world;
  3. No infringement: your Material will not infringe the intellectual property rights, moral rights or other rights of, or breach any obligations of confidence owed to, any person;
  4. No infringement – use: the use of your Material by us in relation to the Challenge will not infringe any third party intellectual property rights, moral rights or other third party rights;
  5. New Zealand law: your Material does not violate New Zealand law and is suitable for a general audience;
  6. Accuracy: your Material will be up-to-date when submitted to us, and at all times true, accurate and not misleading;
  7. Virus free: your Material is free from software viruses and/or any other material that may damage IR’s systems; and
  8. Not publically accessible: your Material was not publically accessible prior to the Start Date or during the Challenge.

You must bear your own costs and expenses associated with the preparation of your Material and your entry in the Challenge.

8. PUBLICITY AND CONFIDENTIALITY

  1. Panel presentation publicity: If your entry is selected by us for presentation by you to the Panel we may publicise your involvement in the Challenge, and you must at our election provide us with your reasonable co-operation in publicising the Challenge (including the publication of your name, likeness and other appropriate information) if deemed appropriate by us for up to 24 months from the selection of your entry.
  2. Challenge Winner publicity: If you are selected by the Panel as a Challenge Winner we may publicise your Challenge win, and you must at our election provide us with your reasonable co-operation in publicising your Challenge win (including the publication of your name, likeness and other appropriate information we may publicise limited information about you including and/or your Material) if deemed appropriate by us for up to 24 months from your the selection as the Challenge Winnerof your winning entry.
  3. Non-disclosure: You agree that you will not discuss or divulge the details of your entry and App4IR with any other person from the date your entry is submitted until the Presentation Day. In addition if your entry is selected by the Panel as a winning entry you agree that you will not discuss or divulge the details of your entry and App4IR for a further period of 12 months from the Presentation Day. You agree you will not use IR’s logo.

9. OUR LIABILITY

  1. Risk in App4IR: While we or the Panel may discuss your App4IR with you and make suggestions, you must evaluate any such suggestions and make your own decisions in relation to your App4IR. You acknowledge and agree that we and the Panel have no responsibility in relation to your App4IR and you bear all risks associated with your App4IR.
  2. Limited liability: To the maximum extent permitted by law, our maximum aggregate liability to you under or in relation to these Terms and the Challenge, whether in contract, equity, tort (including negligence), under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to $100.

    To the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages or damages for loss of opportunity, profits, revenue or goodwill, whether in contract, equity, tort (including negligence), under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

    We are not responsible for human error, theft, destruction, or damage to your entry or any factors beyond our reasonable control, and you assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected entry. We make no warranty, representation or guarantee, express or implied, in connection with our ability in any way to enable, develop or market an App4IR.

    All information provided on the Challenge website is provided “as is” without

10. GENERAL MATTERS

  1. Interpretation: The words ‘including’ ‘otherwise’ and similar expressions are not used as, nor intended to be, interpreted as a word of limitation.
  2. Wavier: If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
  3. Inland Revenue / Creative HQ employees: Inland Revenue employees and Creative HQ employees are not permitted to enter the Challenge.
  4. Misleading information: If you provide any false or misleading information to us in connection with the Challenge, including information concerning your identity, contact details, ownership of intellectual property or non-compliance with these Terms, we may immediately eliminate you from participation in the Challenge.
  5. Relationship: Nothing in these Terms shall be construed as giving rise to any of the following relationships between you and IR: employee, agent, partner, or joint venturer. You are not authorised to represent yourself as acting for IR or incurring an obligation on behalf of IR. Your submission of an entry or anything in these Terms shall not be construed as an offer or contract of employment with IR.
  6. Information requests: You will provide to us such information as we may request in connection with the Challenge, and to allow us to protect our interests including against any third party claim in relation to the Material and your App4IR or otherwise.
  7. Entry dispute: In the event of a dispute as to any entry the authorized account holder of the e-mail address used to enter may be deemed to be the person who made the entry. For the purposes of these Terms, the authorized “account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
  8. Questions: Any questions regarding the Challenge should be sent via the Challenge website www.app4ir.ird.govt.nz.
  9. Entire agreement: These Terms, the Challenge website Terms of Use and, if applicable, the Collaboration Agreement once executed constitute the entire agreement between us and you in relation to the Challenge and supersede any and all other (prior or contemporaneous) communications between us and you in relation to the Challenge.
  10. Governing Law: These Terms are governed by and construed in accordance with the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the New Zealand courts.
  11. No representations: Your entry in the Challenge may reflect on us, and you must not bring Inland Revenue into disrepute or represent that you are affiliated with us otherwise than as contemplated by these Terms and the Collaboration Agreement (if applicable).
  12. GST: All payments by us in pursuant to the Challenge are exclusive of Goods and Services Tax.
  13. Challenge website: In addition, the Terms of Use at www.app4ir.ird.govt.nz apply to your use of the Challenge website.
  14. Our intellectual property: All intellectual property rights in these Terms, in material on the Challenge website and any other information we disclose to you are retained by us and no rights are granted to you in such material.
  15. Challenge: Because circumstances can change, and order to be flexible, we reserve the right at any time and for any reason to:
    1. vary the Challenge, including any dates or timeframes, in which case we will use reasonable endeavours to notify you of the changes by email or on the website;
    2. not proceed with all or any part of the Challenge; or
    3. discontinue your further participation in the Challenge for any reason.
  16. Conflict of Interest: You must indicate in your entry whether, at the date you submit your entry, any actual or potential conflict of interest exists in relation to your entry.

    You must also promptly notify us if any such actual or potential conflict of interest arises after you submit your entry.

    If the case of an actual or potential conflict of interest, we may:
    1. exclude you from further participation in the Challenge;
    2. enter into discussions with you to seek to resolve the conflict of interest; or
    3. take any other action we consider appropriate.
  17. Multiple entries: You may enter the Challenge as many times as you like.
  18. Intellectual property in proposals: Subject to section 6 (c), a Challenge entrant will retain the intellectual property rights in their App4IR.
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