Community Sponsorship and Grants Program Terms and Conditions

Schedule to Terms and Conditions

How to Participate

You must complete AVID’s Community Sponsorship and Grants Program Application form on line and successfully submit the Application with adequate supporting material

Who can participate

Refer to the AVID’s Community Sponsorship and Grants Program Application Guidelines on our website

The Applicant agrees to the following conditions of the Grant:

1. In consideration of receiving the Grant you must perform the Project in accordance with these Terms and Conditions and as set out in the notification of approval letter, unless otherwise agreed in writing by AVID.

2. The Grant Amount must not be used for any purpose other than that for what the Grant was approved, as per the Project Description.

3. The Grant Amount will be paid in full following receipt of the following (unless or as specified separately agreed in the Special Conditions):

a. Signed Terms and Conditions of Funding form;

b. Completed New Supplier Information form;

c. Copies of current relevant insurances, as indicated in the New Supplier Information form; and

d. A tax invoice for the Grant amount addressed to AVID Property Group,
Level 35 259 George Street Sydney NSW 2000

4. Where the actual total Project costs are more than the proposed Project costs, AVID will not be responsible nor obliged to pay any monies in addition to the Grant Amount.

5. Where the actual total Project costs are less than the proposed Project costs, you must notify AVID immediately. If applicable, a refund of unused Grant Amount may be requested by AVID at the time of fully acquitting the Grant.

6. If you use the Grant Amount for a purpose different to the Approved Purpose without the prior written consent of AVID, or fail to expend the Grant monies at all, or fail to acquit the Grant within the agreed time frame then:

a. AVID is not required to make any further payment to you and, in respect of any payments that have been made, you are required to repay that part of the Grant Amount to AVID otherwise AVID may initiate proceedings to recover the monies so paid, as a liquidated debt; and

b. You will be prohibited from receiving any further Grants or other funding from AVID.

7. You must obtain all appropriate permits, approvals, insurance required to legally conduct the Project.

8. You must complete the online acquittal report by the due date. This report should include a financial summary and an outline of what was achieved through AVID’s funding support in sufficient detail to establish how the Grant Amount was used, together with such other detail as AVID may reasonably require. It is a requirement that you demonstrate how AVID is acknowledged for funding the Grant Amount.

9. You will acknowledge AVID’s contribution to the Project in the following ways:

a. Logo appearance in promotional materials:

• AVID’s corporate logo and/or Project specific logo must appear prominently in all promotional and publicity activity, material and publications relating to the Project including the text, ‘Proudly supported by AVID Property Group’.

• AVID will provide you with electronic logo files for this purpose. AVID will also supply Acknowledgement Guidelines with details of use.

• You must comply with the Acknowledgment Guidelines and submit the final artwork to AVID for approval prior to production, to ensure logo appearances are correct.

b. Written Project Descriptions: AVID’s acknowledgement line: ‘Proudly supported by AVID Property Group’ must appear as part of any written Project Description appearing in communication channels such as:

• other digital applications

• annual reports

• media statements

• correspondence to supporters, members, Applicants, etc.

• promotion videos

• events (including speeches/MC notes)

• newsletters

c. Display banners

AVID’s display banners must be displayed whenever possible at Project-related events such as launches, openings, stage areas, media events etc. AVID has a limited number of display banners available for loan for this purpose.

You are responsible for contacting AVID to make advance bookings for appropriate items. You are also responsible for pick-up and return of loan items and for taking reasonable care of the items while on loan. Evidence (including samples or photographic images) that these conditions of acknowledgement have been met during the course of your funded Project must be forwarded to AVID as part of its acquittal documentation

10. You will keep and maintain such records and accounts (including all receipts and invoices) in accordance with accounting principles generally applied in commercial practice and as required by law, and as necessary to provide a complete, detailed record and explanation of:

a. expenditure of the Grant Amount for the Approved Purpose;

b. other expenditure on the Project (including any in-kind contributions); and implementation and progress of the Project.

11. You acknowledge that AVID may use photographs, brochures, posters and any marketing material that demonstrate what has been achieved through AVID’s Grant.

12. If you obtain personal information as defined by the Information Privacy Act 2009 (“The Act”), you will not use that Personal Information in any manner that is contrary to the Act and you will immediately notify AVID if you become aware of a Privacy breach or possible breach.

13. Any dispute arising out of the Grant and these Terms and Conditions will be dealt with initially by direct negotiation between the parties. If the dispute is not resolved within 10 business days, the parties will submit the dispute to mediation or some other form of dispute resolution procedure, the decision of which will be binding on the parties.

14. By accepting any payment (whether in whole or in part) of the Grant Amount from AVID, you will be deemed you have accepted the Special Conditions.

Terms and Conditions Section 1 – General

1. The Application Guidelines and Application form part of these terms and conditions.

2. By participating in the Grants Program, Applicants accept and agree to be bound by these terms and conditions. For the avoidance of doubt, these terms and conditions include the Schedule above.

3. Successful applicants of AVID’s Community Sponsorship and Grants Program must comply with these Terms and Conditions to receive the benefit of the Grant or sponsorship

4. Where there is an inconsistency between the Schedule and Sections 1 to 6 of these terms and conditions the Schedule will prevail.

5. Any dispute in relation to the eligibility to participate in the Program or receive the Grant Amount will be determined by the AVID in its absolute discretion. AVID’s decision will be final and binding on the Applicant.

6. In these terms and conditions, and in any marketing materials or communications in relation to the Community Sponsorship and Grants Program, “AVID” means the relevant AVID Property Group Holdings (ABN 87 098 527 390) and its related entities.

7. AVID reserves the right to vary the Terms and Conditions as they apply to each Project.

8. Always refer to the signed Terms and Conditions provided when your Project was approved for the Terms and Conditions that apply to your Project

Terms and Conditions Section 2 – Who can participate

9. Directors and employees (and their immediate families) of the AVID or its related companies or agencies are not eligible to participate. Immediate families means spouse, ex-spouse, de facto partner, ex-de facto partner, child, step-child, parent, step-parent, legal guardian, sibling or step-sibling.

10. The Applicant must satisfy the Eligibility criteria in the Application Guidelines.

Terms and Conditions Section 3 – How to participate

11. To participate in the Grants Program, each Applicant must comply with the ‘How to Participate’ section of the Schedule.

12. AVID reserves the right, at any time, to request verification of the age, identity, residential address or any other information relevant to participation in the Grants Program of all Applicants. AVID reserves the right to disqualify any Applicant who provides false information or fails to provide information that is reasonably requested by the AVID.

13. AVID reserves the right, in its sole discretion, to reject any Applicant who has:

a. provided incomplete, indecipherable, incorrect and/or offensive material as part of their participation in the Grants Program,

b. breached any of these terms and conditions; and/or

c. contravened any applicable laws or regulations or otherwise engaged in unlawful or improper conduct.

14. The eligibility of Applicants to receive a Grant is solely within the discretion of the AVID.

15. AVID accepts no responsibility for late, lost or misdirected communications.

16. If participation in the Grants Program is online, by telephone or SMS, AVID assumes no responsibility for any failure to receive any information or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then AVID may modify, cancel, terminate or suspend the Grants Program.

17. If participation in the Grants Program requires access to Facebook, Applicants acknowledge and agree that use of Facebook is subject to Facebook’s terms and conditions. AVID is not responsible or liable for any loss, damage or injury suffered by any Applicant as a result of the conduct of Facebook, including any decision by Facebook to remove or not remove any content, except for liability which cannot be excluded by law. The opinions and images uploaded on Facebook as part of this Grants Program are not necessarily endorsed or supported by AVID and AVID does not confirm, guarantee or warrant their accuracy.

18. If participation in the Grants Program requires access to Instagram, the Applicants acknowledge and agree that use of Instagram is subject to Instagram’s terms and conditions. AVID is not responsible or liable for any loss, damage or injury suffered by any Applicant as a result of the conduct of Instagram, including any decision by Instagram to remove or not remove any content, except for liability which cannot be excluded by law.

The opinions and images uploaded on Instagram as part of this Grants Program are not necessarily endorsed or supported by AVID and AVID does not confirm, guarantee or warrant their accuracy.

Terms and Conditions Section 4 – Grant Amount

19. Each Grant Amount is not transferrable or exchangeable.

20. All taxes (excluding GST, if any) which may be payable as a consequence of receiving an Grant Amount are the sole responsibility of the Applicant.

21. The Applicant’s use of the Grant Amount is entirely at their own risk. Before the Grant Amount is provided, the Applicant may be required to sign an agreement to release AVID from and indemnifying the AVID against any liability arising from or in connection with the Grant.

22. Any taxes, duties, levies or similar charges payable in relation to the receipt of the Grant Amount are assigned to and are the responsibility of the Applicant.

Terms and Conditions Section 5 – Receiving the Grant Amount

23. The eligibility of Applicants to receive the Grant Amount is solely within the discretion of the AVID.

24. AVID reserves the right to request each Applicant to provide proof of their identity and/or proof that they were responsible for participating in the Grants Program.

25. Each Applicant agrees to participate and cooperate, as required, in all publicity activities relating to the Grants Program, including, without limitation, being interviewed, photographed, filmed and recorded. Each Applicant authorises the AVID to use such content for advertising and publicity purposes in any media in perpetuity worldwide.

26. It is the responsibility of each Applicant to notify the AVID of any change to their contact details.

27. AVID reserves the right to vary the terms of, or cancel, the Grants Program at any time without liability to any Applicant or other person, subject to applicable laws. These changes may include varying or withdrawing the Grants Program.

28. All information provided is subject to change without notice. Applicants should make their own enquiries and satisfy themselves as to whether the information provided is current and correct and if appropriate, seek appropriate advice before submitting the Application.

Terms and Conditions Section 6 –Limit on Liability

29. By making the Application, the Applicant is indicating his or her agreement to be bound by these terms and conditions.

30. In consideration for AVID entering into this contract with the Applicant and offering an the Grant Amount in accordance with the Grants Program terms and conditions the Applicant agrees to release and indemnify the AVID and each of its officers, employees and agents in respect of all claims, liabilities, losses and causes of action whatsoever arising directly or indirectly out of or in connection with the Grant and any purchase made pursuant to it.

31. AVID gives no warranty and makes no representation as to the accuracy or sufficiency of any description, illustration, photograph or statement contained in any advertisement relating to the Grants Program, or any information or statements made or given by its employees, agents or contractors concerning the Grants Program, and, except for any liability which cannot be excluded by law, will not be liable for any loss or damage suffered or incurred by any party who relies upon the information in any such Grants Program, advertisement, publication or statement

Terms and Conditions Section 6 – Privacy

32. AVID will collect and use each Applicant’s personal information for the purposes of:

a. conducting the Grants Program (which may include disclosure to third parties for the purpose of processing and conducting the Grants Program) and for Grants Program purposes, public statements and advertisements in relation to the Grants Program;

b. providing information to the Applicant about the products and services offered by the AVID and its related companies; and

c. research to improve its products and services.

33. By participating in the Grants Program, Applicants consent to the use of their personal information as described in clause.

34. Any personal data relating to the Applicant will be used solely in accordance with current Australian data protection and privacy legislation, and in accordance with the AVID Privacy Policy. https://apgproduction.wpengine.com/privacy_policy/

35. Applicants may access, change, opt out and/or update their personal information in accordance with the AVID’s privacy policy.