Terms and Conditions

Image: OceanZen

Dreamstarter - Terms and Conditions

The terms and conditions set out below govern your participation in Dreamstarter, and if your application is successful, our support of your Project. In submitting your application for your Project for consideration, you agree to be bound by these terms and conditions. These terms and conditions must be read in conjunction with any other applicable terms and conditions, including ING’s Privacy Policy, which is located at ing.com.au and the terms and conditions on StartSomeGood, http://startsomegood.com/.

1. Term:

Applications for the 2019 Dreamstarter program will be accepted from 12:01 am, (AEDT) on 3 March 2019, to 11:59 pm (AEST) 5 April 2019 (unless extended at ING's discretion).

2. Applications:

  1. To submit an application, you must by 11.59pm on 5 April 2019:
    1. Go to the ING campaign page found at www.ing.com.au/dreamstarter and
    2. Complete the application form, including your full name and contact details.
  2. The time of application will be the time at which you click ‘Submit’ on the entry page.
  3. Multiple applications are not permitted.
  4. You are prohibited from submitting applications that (i) infringe, or will cause ING to infringe, the intellectual property rights (or other rights) of any third party, or which include the personal information of any third party; (ii) contains material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, racially or ethnically offensive; (iii) encourages conduct that would be considered a criminal offence, give rise to civil liability, breach any law; or (iv) is otherwise inappropriate. ING reserves the right to automatically disregard any such applications.
  5. You agree that ING shall have the right to immediately remove any application and disqualify any applicant who has or is suspected of violating any applicable terms and conditions.
  6. Applicants must be free from any viruses, locking devices or other disruptive or potentially damaging programs or devices (Viruses). You will be liable for any loss or damage caused to ING from any Viruses in any application that you submit.

3. Judging:

  1. Each successful applicant will be selected by a panel of judges appointed by ING.
  2. Prize judging will take place at 60 Margaret Street, Sydney NSW 2000 during the period 11 April 2019 - 22 April 2019, subject to any relevant extension.
  3. All applications will be judged based on the following criteria:
    1. Alignment to selection criteria
    2. Social impact of the project described in the application, including the social benefit derived from the project and longevity of that benefit;
    3. Likely business success
    4. Innovation;
    5. Credibility; and
    6. ‘X factor’.
    We also try to ensure we spread the love to different areas of Australia and mix of different impact areas and business types. ING customers and employees will be given special consideration.
  4. Successful applicants will be notified via email address specified on their application, by 5:00 pm (AEST) 3 May 2019. This notice will contain details of the Sponsorship Fee, Payment Schedule, the Sponsorship Term and details of any milestones that successful applicants must meet.
  5. If ING is not able to contact and receive positive confirmation from a successful candidate that they wish to proceed by 10:00 am (AEST) on 10 May 2019 the judges will select what they consider, in their sole discretion, to be the next best application or applications (as the case may be).
  6. The details of the successful applications will be published by ING by 5:00 pm (AEST) on 18 June 2019 on the Campaign Page.

4. Sponsorship Fee:

In consideration of successful applicants granting to ING the Sponsorship Benefits and subject to successful applicants issuing a correctly rendered tax invoice where applicable, ING will pay each successful applicant the Sponsorship Fee in accordance with the Payment Schedule by depositing it into the Specified Product. ING will pay any correctly rendered tax invoice within 30 days after receipt, provided that the Project (campaign) has achieved the ‘tipping point’ (as defined by the rules and regulations of the candidates agreement with StartSomeGood) and that the successful applicant is not otherwise in breach of relevant terms and conditions. Successful applicants must use the Sponsorship Fee only for the Project and must provide regular updates on the progress of the Project to ING during the Sponsorship Term, in the form and the manner as required by ING.

5. Sponsorship Rights:

In consideration of ING paying the Sponsorship Fee, successful applicants appoint ING as the sponsor of the Project in the Brand Category and grant to ING the Sponsorship Benefits during the Sponsorship Term. This appointment as sponsor will be: (a) an exclusive appointment for the Exclusive Period; and (b) a non-exclusive appointment for the Non-Exclusive Period.

6. Intellectual Property Rights:

  1. As between the successful applicant and ING: (i) generally, all intellectual property rights in materials arising out of the Project are owned by the person creating the material. However, intellectual property rights in any modifications to material is owned by the party that owns the original material; and (ii) all pre-existing intellectual property rights of a party remains the property of that party.
  2. On request from ING, successful applicants will licence, or, in relation to third party material, use reasonable efforts to procure a licence, for ING to use: (i) any material incorporating the ING Brand Elements; and (ii) the Sponsored Materials in Australia during the Sponsorship Term for the purpose of ING exploiting the Sponsorship Benefits.

7. ING Brand Elements:

  1. Successful applicants may use the ING Brand Elements in Australia during the Sponsorship Term in accordance with this Agreement solely for the purpose of performing the obligations of the successful applicant under this Agreement and subject always to ING’s direction and approval.
  2. Successful applicants must only use ING Brand Elements in their material if ING has given that material to the relevant successful applicant or if the successful applicant has submitted representative material including ING Brand Elements to ING and ING has approved their use in writing, which it may grant or withhold in its absolute discretion.
  3. Successful applicants must not: (i) use any of ING Brand Elements as part of their trade name, corporate name or domain name or as part of any trade mark, logo or get up; (ii) use ING Brand Elements in a manner which, in ING's reasonable opinion, may be prejudicial to ING or ING Brand Elements; (iii) apply to register any trade mark, business name, company name or domain name which includes ING Brand Elements, or which is substantially identical or deceptively similar to ING Brand Elements; and (iv) challenge ING Brand Elements or ING's ownership of ING Brand Elements or assist a third party to do these things.

8. New Projects:

If successful applicants intend to undertake a project which is similar to the Project during the Sponsorship Term (New Project), they must give ING notice at least 30 days before the commencement of the New Project (or such shorter period as is reasonable in the circumstances) and grant ING the exclusive first right of refusal to sponsor the New Project in the Brand Category. If ING gives the successful applicant notice that ING wishes to sponsor the New Project within 14 days of receiving notice (or such shorter period as is reasonable in the circumstances), the successful applicant will enter into an agreement with ING on the same terms and conditions as this Agreement (the necessary changes being made).

9. Confidentiality and privacy:

  1. You must treat as confidential information: (i) the terms (but not the existence) of this Agreement; and (ii) all information provided by ING under or in connection with this Agreement that ING indicates is confidential information or is deemed to be confidential information in light of the circumstances in which it is disclosed.
  2. You: (i) may only use confidential information for the purposes of exercising your rights and performing your obligations under this Agreement; (ii) must protect the confidential information from disclosure to at least the same degree as you protect your own confidential information; (iii) must not disclose the confidential information to any person except: (A) to such of your employees, contractors, professional advisors and auditors who have a “need-to-know” provided those persons first agree to observe the confidentiality of the information; (B) with our prior written consent which consent can be given at ING’s absolute discretion; (C) if required by law or any stock exchange; or (D) if it is in the public domain.
  3. You must return or destroy the confidential information on the earlier of ING’s request or the expiry or termination of this Agreement.
  4. ING has obligations to comply with the Australian Privacy Principles and the Privacy Act 1988 (Cth). You must: (i) comply with the same obligations (as obligations to ING under this Agreement) in respect of the collection, storage and use of personal information made available to you in connection with this Agreement; and (ii) comply with the reasonable directions of ING in relation to the handling of personal information.
  5. ING collects personal information in order to conduct the Dreamstarter programme and may, for this purpose, disclose such information to third parties, including, service providers that assist us to conduct the Dreamstarter programme, such as VCCP Sydney. In addition, if your application is not successful we may provide your application to StartSomeGood, which will enable you to run a crowdfunding campaign on their website. Our receipt of your application is conditional on providing this information.
  6. ING may also use the personal information for promotional, marketing and publicity purposes including sending electronic messages. You should direct any request to access, update or correct information to ING.

10. Termination:

  1. If the Dreamstarter programme is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of ING, ING reserves the right, in its sole discretion, to the fullest extent permitted by law:
    1. to reject any application; and/or
    2. to modify, suspend, terminate or cancel the Dreamstarter promotion, as appropriate.
  2. ING may at any time during the Sponsorship Term terminate its support for a campaign on 14 days' prior written notice to the successful applicant. If ING terminates its support under this clause, the successful applicant will be entitled to retain the Sponsorship Fee paid by ING up to the effective date of termination.
  3. ING may terminate its support for a campaign: if (i) the successful applicant breaches any material relevant term or condition capable of remedy (including failing to meet any milestone advised by ING) and fails to remedy the breach within 7 days after receiving written notice; (ii) the successful applicant, its employees, agents or subcontractors, engage in any conduct that is likely to harm ING’s reputation or its products or services; or (iii) the successful applicant becomes insolvent.
  4. On termination: (i) all rights granted to the successful applicant and ING under this Agreement cease; (ii) the successful applicant must cease using ING’s materials and withdraw all documents displaying the ING Brand Elements; and (iii) if the Agreement is terminated under clause 10(b), if requested by ING, you must refund to ING the Sponsorship Fee on a pro rata basis based on the value of the Sponsorship Benefits already provided by you.

11. General

  1. You must not assign any of your rights under this Agreement, or novate this Agreement, except with the written consent of ING.
  2. This Agreement may only be varied by a document signed by an authorised representative of each party.
  3. This Agreement is governed by the law applicable in New South Wales.

12. Definitions

In this letter:

Term Meaning
Brand Category Financial services including financial services as defined for the purposes of class 36 of the classification of trademarks used by IP Australia, asset management, insurance, real estate, securities and leasing
Effective Date: The date on which ING notifies the applicant of their successful application
Exclusive Period The period commencing on the Effective Date and continuing for the duration of the campaign period on StartSomeGood
ING Brand Elements Such ING trade marks and logos made available to you for the purposes of this agreement.
Non-Exclusive Period For successful Projects, the period commencing at the end of the Exclusive Period and continuing for 6 months.
Payment Schedule 100% on successful project funding within terms of Project with StartSomeGood LLC
Project The project described in the application lodged by a successful applicant
Specified Product A suitable ING product.
Account details to be confirmed before the end of the campaign period on StartSomeGood. Details to include:
Account Name:
Account number:
Sponsored Materials Existing imagery, audio and video assets associated with Project.
Any imagery, audio or video assets generated by ING (or its associated parties) for the Project.
Text, copy, blog and information updates from project campaign, either on StartSomeGood Venture & Campaign pages or associated Sponsored Party website and published materials.
Sponsorship Benefits Subject to clause 5, a royalty free and non-transferable licence to use the Sponsored Materials on ING online properties, including websites, social communications and customer communications.
Sponsorship Fee The GST inclusive amount advised by ING, plus interest in accordance with the terms and conditions of the Specified Product.
Sponsorship Term The period commencing on the Effective Date and ending on the expiry of the Non-Exclusive Period.