Terms and Conditions

Terms and Conditions of Entry to the Australian Good Design Awards

General

1. By submitting an application to the Australian Good Design Awards (an Entry), the applicant acknowledges that they have read this document (these Terms and Conditions) and agrees to be bound by, and comply with, these Terms and Conditions.

2. Good Design Australia Pty Ltd (Good Design Australia) reserves the right to amend these Terms and Conditions at any time and for any reason, and will notify applicants of any such amendments as soon as reasonably practicable. If Good Design Australia amends these Terms and Conditions after an applicant has submitted an Entry to the Australian Good Design Awards program in a way that has a material adverse impact on the applicant, the applicant may withdraw their Entry.

Entry Eligibility

3. Good Design Australia reserves the right to refuse or disqualify any Entries that:

(a) do not comply with these Terms and Conditions;

(b) do not comply with all applicable Eligibility Criteria;

(c) in the reasonable opinion of Good Design Australia, would be likely to challenge or put into question the reputation of Good Design Australia and/or the annual Australian Good Design Awards program, which may include (without limitation) Entries that:

i. contain false, misleading or defamatory statements; and/or

ii. otherwise undermine public confidence in the integrity, independence or credibility of the Australian Good Design Awards; and/or

(d) involve any unlawful conduct or conduct that has the intention or effect of jeopardising the fair and proper conduct of the Australian Good Design Awards.

This decision is at the sole discretion of Good Design Australia, and no correspondence will be entered into.

4. Entries that no longer meet the eligibility criteria following submission, such as a failure to meet production deadlines, must be withdrawn by the applicant and may be re-submitted the following year only. The original application fee will be credited toward this re-submission but regrettably cannot be refunded. In the event that Good Design Australia refuses an Entry on grounds unrelated to the eligibility criteria, a refund of the original application fee will be provided to the applicant. Any costs associated with entering the annual Australian Good Design Awards program are the responsibility of the applicant and under no circumstances whatsoever may a claim be brought against Good Design Australia for any such costs (whether as damages, loss, expense or otherwise).

5. Information supplied within or in relation to the Entry must be real, correct and complete.

6. Claims made by the applicant such as “unique”, “world-first”, “one of a kind”, “owned by” or similar must be substantiated.

7. Good Design Australia reserves the right to request documentary or other evidence of any details related to an Entry. This may include, for example, records of any applicable patent registrations, trade mark registrations, design registrations and certifications, and intellectual property ownership.

8. Good Design Australia reserves the right to conduct further periodic trials or request substantiation of claims, including safety and Australian and International Standards compliance.

9. All documentation, images, audio-visual material and other subject matter submitted as part of or accompanying an Entry (the Entry Materials) must be clearly written in the English language. Incomplete, indecipherable, or illegal Entries will be deemed invalid.

Awards and Judging

10. Winners of the Australian Good Design Award must purchase the Winner’s Package, which incurs an additional fee. The quantum of such fee will depend on the applicant’s company size. Applicants who are not able to afford this additional fee can request, in writing, financial assistance from Good Design Australia. Requests for financial assistance are considered on a case-by-case basis and Good Design Australia may require reasonable evidence to be provided.

11. Good Design Australia may, in its sole discretion, revoke (at any time) the winning award of the Australian Good Design Awards program on the grounds outlined in clause 3(a) to (d) above. In the event that an award is revoked on any of these grounds, a partial refund of the original application fee will be provided to the applicant.

12. The decision of the judges is final and no correspondence will be entered into. All applicants acknowledge and agree that there is an element of subjectivity in the judging criteria. Applicants irrevocably agree not to challenge the results of Australian Good Design Awards or any decision made by the judges.

Entry Materials

13. By submitting an Entry, the applicant grants Good Design Australia a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable licence to:

(a) refer to, reproduce, disclose, communicate, publish and otherwise use the Entry, the Entry Materials and any part of them;

(b) refer to, reproduce, disclose, communicate, publish and otherwise use the details and any images of the design(s) the subject of the Entry (the Design); and

(c) reproduce, distribute and communicate images of the Design and all other Entry Materials (including photography and AV materials), by any means and in any medium, for the purposes of promoting the applicant, the Design, Good Design Australia and/or the Australian Good Design Awards program.

14. By submitting an Entry, applicants confirm and warrant that:

(a) they have all relevant permission(s) from parties associated with the Design – including, for example, all owners of any intellectual property subsisting in the Design, and any other parties involved with the design and development of the Design – to submit the Entry;

(b) the applicant is entitled to grant the licence in clause 13 above, and Good Design Australia and its sub-licensees are entitled to do all the things contemplated by such licence; and

(c) Good Design Australia and its sub-licensees will not, by doing anything in clause 13 above, infringe the rights (including the intellectual property rights and moral rights) of any person or be required to pay any money to any person (whether by way of damages, compensation, licence fees, royalties or otherwise).

15. Good Design Australia will use its best endeavours to credit Entry Materials where such information has been specifically supplied. All other documentation, images, audio-visual material and other subject matter will be credited: Images courtesy of Good Design Australia.

Review and Complaints Procedure

16. If Good Design Australia receives any complaint, or otherwise becomes aware of any issue, in relation to an applicant, an Entry, or a Design at any time, Good Design Australia may investigate the complaint or issue, including by reconsidering the Entry even if it has received an award. Complaints and issues may include, for example, allegations that the Design is counterfeit or that the owners of intellectual property in the Design had not consented to submission of the Entry.

17. Where an Entry is subject to a complaint or investigation, the applicant must fully cooperate by providing any information and materials requested by Good Design Australia including, for example, evidence of intellectual property registrations or ownership rights. Good Design Australia may also seek information from relevant third parties and conduct its own investigations.

18. Good Design Australia reserves the right, in its sole discretion, to refuse or disqualify any Entry (even if it has won), or revoke any Australian Good Design Award where:

(a) Good Design Australia determines that the Entry, any Entry Materials or the Design does not comply with these Terms and Conditions or is otherwise unsuitable to be awarded an Australian Good Design Award; and/or

(b) Good Design Australia is aware that the Design or any Entry Materials are the subject of a court order, final judgment or other binding legal decision finding that the Design or the Entry Materials infringe the rights (including intellectual property rights) of any person or that the applicant does not have applicable rights to the Design or Entry Materials.

19. Good Design Australia is not a court, tribunal or other arbitrator of legal rights, and will not adjudicate or determine legal disputes between an applicant and other persons. Good Design Australia’s role in reviewing complaints is limited to assessing eligibility for participation in the Australian Good Design Awards and compliance with these Terms and Conditions. Any decision made by the Good Design Australia is for the purpose of administering the Australian Good Design Awards only and does not constitute a legal determination of ownership or other rights. Applicants acknowledge that any unresolved disputes with other persons in relation to Designs or Entry Materials must be pursued through appropriate legal channels.

Product Handling and Liability

20. Product samples might undergo internal inspections or tests and might therefore be dismantled. Every effort will be made to rebuild product samples to their original state prior to return, however, Good Design Australia accepts no responsibility for failure to put product samples back to their original state.

21. Except for any liability that cannot by law be excluded, Good Design Australia (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Australian Good Design Awards program, including:

(a) any technical difficulties or equipment malfunction (whether or not under Good Design Australia’s control);

(b) any theft, unauthorised access or third party interference (although reasonable effort will be made to ensure the security of products and other materials submitted by the applicant during assessment and exhibition);

(c) any physical Entry Materials or product samples that are late, lost, altered, damaged or misdirected (whether or not after their receipt by Good Design Australia) due to any reason beyond the reasonable control of Good Design Australia, including during transportation, handling or storage; or

(d) any tax liability incurred by an applicant.

This limitation does not apply where the liability arises due to the gross negligence, fraud, criminal conduct or wilful misconduct of Good Design Australia or its affiliates.

22. Due to the highly fragile nature of some physical Entry Materials, please be aware that damage or loss might occur. The packaging, transportation and insurance of any physical Entry Material is the responsibility of the applicant. Insurance to cover damage or loss should be considered if the value of the item is considerable.

23. Physical Entry Materials are “on loan” by Good Design Australia for the period between the submission due date to the Australian Good Design Awards Presentation Ceremony. It is the responsibility of the applicant to arrange for the collection of all physical Entry Materials during the two weeks following this period should they require. Otherwise, all physical Entry Materials will be retained by Good Design Australia to do with what they deem fit, such as use in future exhibitions and promotional opportunities.

Reference to the Australian Good Design Awards

24. Whenever a winner of an Australian Good Design Award refers to such award, in any medium and for any purpose (including, without limitation, for marketing or promotional purposes) the winner must describe the award as follows: Australian Good Design Award, Awarded by Good Design Australia

Use of Good Design Australia’s Trade Marks

The following clauses apply to use of the trade marks (the GDA Trade Marks):

25. Good Design Australia is the registered owner of the GDA Trade Marks and reserves all rights in relation to the display and other use of such trade marks, including rights conferred by the Trade Marks Act 1995 (Cth) and under general law.

26. A person may only use a GDA Trade Mark if Good Design Australia confirms in writing that it is granting a licence of the GDA Trade Marks to that person (the Licensee). As a pre-condition to such licence, the Licensee must:

(a) purchase the Winners Package; and

(b) agree to be bound by the terms of the licence in these Terms and Conditions, however Good Design Australia may impose additional requirements for obtaining and maintaining the right to use the GDA Trade Marks.

27. Such licence is non-exclusive, non-transferable, non-sublicensable and revocable.

A Licensee may only use a GDA Trade Mark:

(a) for the sole purpose of promoting the Design as the winner of an Australian Good Design Award;

(b) as supplied by Good Design Australia and without modification;

(c) alone, clearly separated from any other trade marks, logos or branding, and not as part of any combined or composite trade with any other trade marks, logos or branding; and

(d) otherwise comply with these Terms and Conditions.

28. Good Design Australia may revoke this licence, immediately by written notice at any time, if in the opinion of Good Design Australia:

(a) the Licensee has not complied with these Terms and Conditions; and/or

(b) use of any GDA Trade Marks by or on behalf of the Licensee brings the reputation of the Australian Good Design Awards or Good Design Australia into question.

Once the licence is revoked, the Licensee must immediately cease all use of all GDA Trade Marks.

29. If Good Design Australia grants a licence to use the GDA Trade Marks in respect of a particular Entry, and Good Design Australia disqualifies such Entry, the licence is automatically revoked and the Licensee must immediately cease all use of all GDA Trade Marks.

30. The Licensee is required to keep Good Design Australia informed of all material changes to the Entry and the Licensee’s trading circumstances during the licence period. Good Design Australia reserves the right to make inquiries and inspections as required to confirm ongoing compliance with the licence.

31. All usage of the GDA Trade Marks must conform with the current style manual and artwork supplied by Good Design Australia. Such artwork remains the property of Good Design Australia and must be returned immediately upon request.

32. The Licensee is responsible for all the actions of its agents, officers, employees and contractors in respect of the GDA Trade Marks.

33. The Licensee indemnifies Good Design Australia against any claim, loss, damage, liability, cost and expense that may be incurred or sustained by Good Design Australia caused by or arising out of:

(a) anything done by such an agent, officer, employee or contractor in relation to any GDA Trade Mark that would, if such person was the Licensee, constitute a breach of any of these Terms and Conditions; and

(b) the Design – or any use, application, promotion, advertising or marketing of the Design – being or becoming unsafe, defective, recalled, non-compliant with any standards or industry codes, unlawful or harmful in any way or under any circumstances; and

34. Good Design Australia does not grant the Licensee or any other person any right, title or interest (including any intellectual property rights) in or to the GDA Trade Marks, other than as expressly set out in these Terms and Conditions. Each Licensee agrees that its use of the GDA Trade Marks is as a licensee only, and any goodwill arising from such use will inure solely for the benefit of Good Design Australia.

The following logos are registered trademarks owned by Good Design Australia and may only be used under license. Good Design Australia is entitled to all rights and action provided by registration under the Trade Marks Act 1995.

Good Design Australia logos: Trademark 2066550, Trademark 1335661 and Trademark 1508700
Good Design Awards logo: Trademark 2066551
Good Design Award logo: Trademark 2066552
Australian Design Award logo: Trademark 2157860
Selected as Good Design for Australian Design Index logo: Trademark 2157859
Industrial Design Council of Australia logo: Trademark 2157861
Australian Design Council logo: Trademark 1316380
Design Award logo: Trademark 1508710
Good Design logo: Trademark 1335659 and Trademark 1508704
Good Design Award Awarded by Good Design Australia logo: Trademark 2187341, IR 1606319 and 2021/18416