Terms and Conditions
1. Introduction
1.1 These Terms and Conditions of Award Nominations govern Award Submissions, the Nominee’s eligibility for an Award, the granting of Awards by the Judging Panel, and the use of Submission Materials.
1.2 The Nominator acknowledges and agrees that:
(a) by initiating a Submission, the Nominator accepts these Terms and Conditions;
(b) where a Submission is submitted on behalf of a Nominee, the Nominator warrants that it has obtained the consent of the Nominee for the submission of the entry; and
(c) the Nominator is responsible for ensuring that any Nominee named in the Submission does not act or omit to act in a way that would breach these Terms and Conditions.
1.3 AIQS may vary these Terms and Conditions at any time by publishing a notice on its website and by notice to the registered Nominator’s email provided on the Submission.
2. Nominee Eligibility
2.1 The Submission must be received by the Closing Time. AIQS may extend the Closing Time at its discretion.
2.2 Submissions must be submitted on the Awards Portal. Submissions from other means may not be accepted.
3. Eligibility
3.1 Project-based Submissions are not eligible for an Award and will not be considered by the Judging Panel if the Project:
(a) has not reached practical completion within the times specified and is not in all other respects complete such that the Judging Panel is reasonably able to properly assess its merits.
3.2 Individuals/Companies are not eligible for an Award and will not be considered by the Judging Panel if:
(a) The Submission is not in all respects completed as per the requirements outlined in the criteria of the Award such that the Judging Panel is reasonably able to properly assess its merits.
3.3 A Project/Individual/Company may be Submitted into more than one Category.
4. Judging Panel
4.1 The Judging Panel may advise AIQS of their intention to disqualify and exclude a Submission where, in the reasonable opinion of AIQS or the Judging Panel:
(a) that Nominator has breached the Terms and Conditions, regardless of the severity of that breach;
(b)the Submission contains information that, in the opinion of the Judging Panel, is inaccurate or misleading;
(c) the granting of an Award to that Nominator or Nominee would cause a loss of goodwill, or bring into disrepute AIQS, a member of the Judging Panel or the Awards Event.
4.2 The Judging Panel may allocate nominations to Categories other than those nominated on the Submission.
(a) The Nominator acknowledges and agrees that a decision of the Judging Panel is final.
5. Warranties and Indemnities
5.1 The Nominator warrants that:
(a) the details of the Submission are correct in every respect;
(b) it has obtained the consent of the relevant parties for the disclosure of the nominated Project/Individual/Company and details for the purposes of the Awards;
(c) it has obtained the consent of persons named in the Submission;
(d) it holds the requisite intellectual property rights and moral rights in the Submission Materials or is authorised by the holder of the relevant intellectual property rights or moral rights to submit the Submission Materials and to grant AIQS the Submission Materials Licence.
5.2 The Nominator indemnifies AIQS against any Indemnified Event and must pay all AIQS’s legal expenses and other costs reasonably incurred in relation to an Indemnified Event as soon as practicable upon receiving a demand from AIQS.
6. Grant of Licence and Promotional Use
6.1 The Nominator grants an unconditional, irrevocable and perpetual licence to AIQS to use the Submission Materials for the purposes of allowing the Judging Panel to assess the merits of the Submission against the Submissions submitted by or on behalf of other Nominees, and for Promotional Uses (the Submission Materials Licence).
6.2 AIQS is not responsible for the quality of photos produced or any Submission Materials reproduced in AIQS promotions and marketing material produced nor any editorial discrepancies in any such photos or Submission Materials.
6.3 The Nominator acknowledges and agrees that inclusion on an Submission or a recipient for promotional uses is at the sole discretion of AIQS. AIQS does not guarantee that all Submissions or recipients will be used for promotional uses.
7. Recipient Publicity Obligations
7.1 The Recipient agrees to state the Category, type of recognition received, the year in which the Recipient received the Award, and the Award name being the Built Environment Awards whenever promoting itself (if applicable), the Project or the Submission in any of their promotions and marketing material.
7.2 AIQS and its associated media will publish a Recipient’s name(s) (for example the names of the corporate group, company branch, company division, team leader, or team members) and the name of the Project (if applicable) for which the Recipient received an Award as well as other information as deemed fit for purpose by AIQS.
7.3 If invited by AIQS, recipients are encouraged to make themselves available, where possible, to present their award-winning projects at educational institutions and AIQS CPD events.
8. Name Changes
8.1 No name changes of any Nominee or Project in a Submission are permitted after the closing date for Submissions. The Nominator is responsible for ensuring that all such names and details are correct in the Submission.
9. Return of Submission Materials
9.1 AIQS is not required to return any Submission Materials submitted. The Nominator is responsible for ensuring that they have backup copies of all Submission Materials provided.
10. Applicable Law and Jurisdiction
10.1 These Terms and Conditions are governed by and interpreted in accordance with the laws of the state of New South Wales, Australia.
10.2 All parties to the Terms and Conditions irrevocably submit to the jurisdiction of the courts of New South Wales, Australia.
11. Definitions
In the Terms and Conditions:
11.1 AIQS means THE AUSTRALIAN INSTITUTE OF QUANTITY SURVEYORS ABN 97 008 485 809 and its permitted successors and assigns.
11.2 Award means an award that the Nominees are eligible to receive, subject to the Judging Panel’s choice of one (1) Nominee as the winner (Recipient) in a Category.
11.3 Category means one of the Award categories recognised by AIQS as advertised on the Submission Portal, AIQS website, or Built Environment Awards website in relation to which one Award will be granted to a Recipient.
11.4 Closing Time means the exact deadline by which all nomination forms, supporting documents, and required Submission Materials must be Submitted. Any Submissions received after this time will not be accepted.
11.5 Nominator means a Nominee or another person who has completed a Submission on behalf of a Nominee.
11.6 Submission means an eligible entry made by or on behalf of a Nominee for that Nominee to be considered by the Judging Panel for an Award. The words Submissions, Submitted, and other forms of the root word “Submit” have a corresponding meaning.
11.7 Submission Materials means all the documents and information (visual, textual, aural or otherwise) given to AIQS and/or the Judging Panel in support of a Submission by or on behalf of a Nominee as made available to the Judging Panel for their consideration and decision as to whether (or not) to grant an Award, and any variation of the root word “Submit” has a corresponding meaning where it is capitalised.
11.8 Submission Materials Licence means the licence granted to AIQS as described under the “GRANT OF LICENCE” heading in the Terms and Conditions of Award Nominations.
11.9 Submission Portal means the online portal [Award Force] through which Submissions and Submission Materials may be submitted for consideration for an Award.
11.10 Indemnified Event means any loss, damage, expense, cost, liability, claim or dispute (including indirect or consequential loss or lost profits), in whatever way it is suffered or incurred, arising from:
(a) a breach of the intellectual property rights or moral rights of a third party by the Nominator, the Nominee or AIQS in connection with AIQS’ use of the Submission Materials as contemplated by the Terms and Conditions; or
(b) a breach of an obligation of privacy or confidentiality.
11.11 Judging Panel means the group of persons selected by the authorised representatives of AIQS or appointed by means of a procedure contemplated by the documented internal rules of AIQS for the purpose of formal decision-making in the name of AIQS.
11.12 Individual is a Nominee in one of the Categories where an eligible Nominee can be an Individual person.
11.13 Promotional Uses means the publication by AIQS of Submission Materials and other information related to any Submission in any magazines, websites, social media, and other communications to promote Awards Events, award Recipients, other AIQS events and AIQS business.
11.14 Recipient means a Nominee who is granted an Award at an Awards Event by virtue of a decision of the Judging Panel.