Terms & Conditions: TMW 100 Awards 2023

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TMW 100 TC Fact Sheet

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Key dates

Awards Launch: 15 June 2023 1:00PM PST
Earlybird Application Deadline: 15 July 2023
Final Application Deadline: 1 September 2023
Top 100 Nominees selected: 8 September 2023
Top 100 Nominees announced: 15 September 2023
People’s Choice voting opens: 15 September 2023
People’s Choice voting closes: 29 September 2023
Ranked Winners announced: 7 November 2023
Awards Ceremony at MOps-Apalooza: 7 November 2023

TMW 100 Awards 2023 Terms & Conditions

1.1 The TMW 100 Awards (TMW 100, the Awards) are organised by The Martech Weekly Pty Ltd (ACN 662 982 309) (TMW). TMW 100 is the world’s first independent awards event celebrating and championing innovation in the global marketing technology (martech) industry.

1.2 These are the terms and conditions that apply to TMW 100 (Awards Rules). By submitting an application for TMW 100 (Application), each company submitting an application (Applicant) warrants and represents that it is eligible to enter TMW 100 and accepts and agrees to comply in full with these Awards Rules.

2 Eligibility

2.1 Applications for TMW 100 are open to companies worldwide which:

(a) develop or sell proprietary technology for direct or indirect use in the marketing industry;

(b) at the time of submitting their Application, have been in operation in the last 12 months; and

(c) are incorporated in a jurisdiction where contests such as TMW 100 are not prohibited or subject to additional restrictions such as registration or bonding.

2.2 Employees, and members of their immediate families and households of any of TMW or Rware Solutions Inc. (MarketingOps.com) or any of their affiliates and any other person involved in the conduct of the Awards, including judges and their employees, family members or affiliates, are not eligible to participate.

2.3 There is a limit of one Application per Applicant.

3 Application process

3.1 Applications for entry into TMW 100 will open on 15 June 2023, 1:00pm PST. To enter into TMW 100, Applicants must, by the application deadline of 1 September 2023, 11:59pm PST: (i) fully complete and submit an entry form to the Awards, which are available on the website of the TMW 100 awards platform, located at https://tmw100.awardsplatform.com/ (Awards Platform); and (ii) and have paid the applicable application fee in full.

3.2 Applicants will be asked to choose a category for their application – Product Innovation, Customer Innovation or Business Innovation, and answer questions in respect of that category. Applicants will also have the opportunity to submit a case study document in support of their Application.

3.3 Applicants may edit submissions up until the Application deadline. All deadlines are final, and no extensions will be provided under any circumstances.

4 Application Fees

4.1 Application fees are processed at the time of submission of the Application on the Awards Platform and consist of the following structure:

(a) an early bird application fee of $299USD (25% discount) for all Applications received before 15 July 2023, 11:59PM PST; and

(b) thereafter, a standard application fee of $399USD.

If applicable, GST will also be payable by the Applicant at the time of payment.

4.2 The Awards Platform supports a wide variety of currencies upon payment. A merchant fee will be applied to entries paid by Visa, MasterCard and American Express and are also payable by the Applicant.

4.3 Any Applications which remain unpaid after the Application deadline has passed will not be eligible for participation.

4.4 Only one Application may be made per Applicant.

5 Judging and Awarding Process

Stage 1: Nomination of Top 100

5.1 TMW will appoint a jury, which shall be composed of Judges who in TMW’s sole discretion have the appropriate qualifications to judge the Applications. Each judge shall be assigned a randomly generated selection of Applications to review and receive 3 votes to select their nominees for the special designation of “Judges Pick” in the TMW 100. The People’s Choice voting stage includes all applicants approved by TMW 100 staff. The “Judges Pick” entries are entitled to showcase this special designation in all TMW 100 content, awards and badges and it also adds an extra 25 votes to their total scores from the People’s Choice voting round. The judges will be instructed to evaluate each Application using the following innovation criteria as a guiding framework

· Application completeness

· Novelty and uniqueness

· Impact and benefits

· Scalability and market potential

· Excellence

· Ethics approach

· Industry collaboration

· End user outcomes

5.2 If in the opinion of TMW a greater than anticipated volume of applications is received, TMW may, at its discretion, implement a qualifying round whereby judges will first conduct a preliminary review of their allocated applications to reduce the pool of applications for voting assessment, through use of a simple pass/fail declaration based on the above criteria.

5.3 The combined list of shortlisted entries from each judge will be combined to form a final list of 100 shortlisted applications (Top 100 Nominees). Top 100 Nominees will be notified on 11 September 2023 via email.

Stage 2: People’s Choice

5.4 At this stage, all approved entries will be made publicly available on the Awards Platform and voting by the general public will commence. People’s Choice voting will open on 15 September 2023, 12:00pm PST and close on 29 September 2023, 11:59pm PST (Voting Period). Only one vote per person is permitted.

5.5 After the Voting Period has closed, the rankings based on People’s Choice will be tallied. To help ensure fairness and representation in the voting process regardless of company size, a voting multiplier will be applied in favour of smaller companies through the use of a sliding vote multiplier scale. Top 100 Nominees will be allocated a multiplier based on the employee headcount range listed in their Application, according to the following scale:

5.6 Top 100 Nominees may be required to provide evidence of headcounts; where a headcount cannot be substantiated, this may lead to disqualification.

General provisions

5.7 Applicants must ensure that they are reasonably available for, and respond promptly to enquiries from the judging panel during the period from the date of submission of their Application through to the selection of winners. Top 100 Nominees may be replaced if this provision is not complied with.

5.8 All decisions of the judges of the TMW 100 Awards are final. No correspondence will be entered into with Applicants concerning any judging decision. If for any reason an announced judge is unable to judge the entries, the entries will be judged by the remaining judges and/or alternate judge.

5.9 An Applicant may withdraw from TMW 100 after submitting an Application without providing a reason until 6 September, 9:00 am PST. In no circumstances shall such a withdrawal receive a refund. In the event of a withdrawal of a Top 100 Nominee, TMW will consult with the judges to choose a replacement consistent with the TWM 100 contest criteria.

6 Awards and Prizes

Top 100 Nominees

6.1 Applicants that are approved to appear as a TMW 100 Nominee will receive the following:
· Right to use a top 100 digital badge, and related digital assets for use as a marketing asset
· Written feature in the themartechweekly.com top 100 rankings list, displayed on themartechweekly.com
· Written feature in TMW’s end of year 2023 MarTech Innovation Index Report
· “Judge’s Pick” selected entrants will receive an additional benefits
- A special designation of “Judge’s Pick” to appear on their TMW 100 badging, trophy, on the website display and throughout the people’s choice voting.

- An additional 25 votes in the people’s choice selection on top of their existing headcount multiples

First Place

6.2 The winner of the first-place prize will receive the following:

· VIP entry pass for one company delegate to attend the MOps-Apalooza 2023 event in Anaheim, California (RRP: $2,000) and invitation to present a case study and demonstration of the Applicant’s winning product or service

· Return flights and accommodation for the company delegate for the duration of the event

· First-place trophy and right to use a first-place digital badge for use as a marketing asset

· Front-page feature in the 2023 MarTech Innovation Index Report

· 12-month subscription to TMW PRO for each employee of the Applicant for up to 500 employees (RRP: US$299 per subscription)

· $1,000USD in credit for use on MarketingOps.com

· 12-month MarketingOps.com PRO subscription (RRP: US$199)

Second Place

6.3 The winner of the second-place prize will receive the following:

· VIP entry pass for one company delegate to attend MOps-Apalooza 2023 (RRP: $2,000) and invitation to participate in a winners’ panel session

· Return flights and accommodation for the delegate for the duration of the event

· Second-place trophy and right to use a second-place digital badge for use as a marketing asset

· Full-page feature in the 2023 MarTech Innovation Index Report

· 12-month subscription to TMW PRO for up to 10 employees (RRP: US$299 per subscription)

· 12-month MarketingOps.com PRO subscription (RRP: US$199)

Third Place

6.4 The winner of the third-place prize will receive the following:

· VIP entry pass for one delegate of the company to attend MOps-Apalooza 2023 (RRP: $2,000) and invitation to participate in a winners’ panel session

· Third-place trophy and right to use a third-place digital badge for use as a marketing asset

· Half-page feature in the 2023 MarTech Innovation Index Report

· 12-month subscription to TMW PRO for up to 5 employees (RRP: US$299 per subscription)

· 12-month MarketingOps.com PRO subscription (RRP: US$199)

Prize-specific conditions

6.5 Winners acknowledge that entry at MOps-Apalooza 2023 may be subject to accepting such terms of entry and conduct at the event as may be set by the event organiser.

6.6 Flights to MOps-Apalooza:

(a) TMW will reimburse the cost of a round-ticket flight to Los Angeles International Airport upon proof of payment, to a maximum value of US$4,000.

(b) Applicants are responsible for ensuring all necessary permissions and requirements for their flight to and stay in the United States are met.

6.7 Accommodation at MOps-Apalooza:

(a) TMW will offer three nights’ accommodation (5 – 8 November 2023) at the Anaheim Marriott, booked through the MOps-Apalooza event, valued at US$1,299.

6.8 Winners are responsible for ensuring all necessary documentation and legal right to enter the United States and attend the event.

6.9 Winners agree to reasonably co-operate with TMW to facilitate organisation of the prizes.

6.10 Prizes are not exchangeable or redeemable for cash.

6.11 TMW excludes any liability or responsibility in connection with the flight and hotel booking or the performance of the hotel and flight services.

6.12 Publicity: Top 100 Nominees, and winners will, at TMW’s reasonable request, participate in reasonable publicity requests relating to this Contest. This may include winners being asked to provide quotes, brief interviews, or similar material for the purposes of written copy.

7 Licence to use Applications and to reference Awards

7.1 Subject to clause 5.9 above, by submitting an Application (whether or not such Application is subsequently shortlisted or wins an award) the Applicant hereby grants TMW a perpetual, non-exclusive licence throughout the world to use the Application, and Applicant’s logo (including, without limitation, by reproducing, copying, modifying, publishing, distributing or transmitting the Application) for the following purposes:

(a) the promotion and running of TMW 100 and the TMW 100 Awards Ceremony;

(b) publication on the TMW website, including the themartechweekly.com Top 100 Rankings list;

(d) TMW analytic and general promotional purposes, including but not limited to preparing aggregated analysis and insights from TMW 100, end of year research reports, and podcast and media content (the License).

7.2 All TMW 100 nominees or awardees shall have the right to reference their respective status accorded to them, and use the digital assets provided to them, for promotional purposes. If for any reason an award or nomination is withdrawn at any time (for example, if an Applicant or Application is disqualified), the limited licence granted in this Rule shall cease immediately upon written notice to the relevant Applicant. In these circumstances, the relevant Applicant shall cease to refer to itself (and to permit itself to be referred to) in any media as a TMW 100 nominee or awardee and shall promptly remove any existing references from any media within its power and control.

8 Intellectual Property

8.1 Applicants acknowledge and agree that all intellectual property rights and other rights in and TMW 100, the TMW 100 Awards ceremony, the TMW brand and all other intellectual property rights and other rights of TMW shall at all times be owned by and remain the property of and vested in TMW or its licensors. Nothing in these Awards Rules shall convey to the Applicant any such rights except as expressly set out in these Awards Rules.

8.2 TMW acknowledges and agrees that all intellectual property rights and other rights in and to an Application shall at all times be owned by and remain the property of and vested in the relevant Applicant or its licensors. Nothing in these Awards Rules shall convey to TMW any such rights except as expressly set out in these Awards Rules.

8.3 Subject to clause 8.2 above, all material which TMW creates or causes to be created in conducting TMW 100 and the TMW 100 awards ceremony shall vest in TMW.

9 Applicant Warranties

9.1 By submitting an Application, the Applicant warrants and represents that:

(a) the Application:

(i) is original to the Applicant;

(ii) does not contain anything that infringes the rights (including, without limitation, intellectual property rights, privacy rights and other rights) of any third party and is not otherwise contrary to any applicable laws, regulations or voluntary or regulatory codes;

(iii) contains nothing that is or is likely to be considered obscene, derogatory or defamatory;

(iv) is not likely to bring TMW, TMW 100, the Applicant or any other Applicant into disrepute; and

(v) complies fully with these Awards Rules;

(b) the Applicant is the sole owner of the entire right, title and interest in and to the Application (including all intellectual property rights therein) or it has obtained all necessary consents from the owner of the Application as shall be required for the submission of the Application into TMW 100 and the granting of the Licence; and

(c) all information provided by the Applicant in connection with an Application is complete, accurate and not misleading.

10 Data Privacy

10.1 By submitting an Application, each Applicant acknowledges it has read and understood the TMW Privacy Notice which is accessible at: https://www.themartechweekly.com/tmw100-privacy-policy/.

11 Administration of the Awards

11.1 TMW reserves the right, at any time, and in its sole discretion to (a) request Applicants to provide proof of identity and/or proof of a valid Application (b) disqualify any Applicant who TWM reasonably believes to have breached any of these Award Terms or engaged in any unlawful or other improper conduct or any conduct calculated to jeopardise the fair and proper conduct of the awards.

11.2 Prizes: TMW is not responsible for any variation in the value of a prize. If TMW is unable to provide a winner with a prize (or part of a prize), TMW will supply an alternative prize (or part of a prize) of similar monetary value. Prizes are not transferable or exchangeable and are not redeemable for cash. If a prize has not been claimed it may be distributed at TMW’s absolute discretion.

11.3 If for any reason TMW is not able to conduct the promotion as planned, including due to insufficient applications, business closure, tampering, unauthorised intervention, fraud, any technical difficulties or any causes beyond TMW’s control, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, TMW reserves the right in its sole discretion to take any action that may be available up to and including the cancellation of TMW 100. In the event of cancellation in accordance with this clause, Applicants shall be entitled to a refund of their Application fees.

12 Warranties, liability and indemnity

12.1 To the extent permitted by law, TMW excludes all warranties in relation to the quality, suitability or merchantability of a prize, except those that cannot be excluded by law. To the fullest extent permitted by law, any liability of TMW or its employees or agents for breach of any rights a consumer may have which are unable to be excluded under law, is limited to the payment of the costs of having the prize supplied again.

12.2 To the extent permitted by law, TMW excludes all warranties in relation to the performance of the Awards Platform and does not guarantee that the Awards Platform will operate without error or interruption.

12.3 To the extent permitted by law, TMW is not liable for any loss (including indirect and consequential loss) or damage or personal injury suffered or sustained in connection with the TWM 100 promotion including the supply of goods or services by any person to the prize winners, and where applicable to any persons associated with the prize winners. Nothing in these Award Terms is intended to limit TMW’s liability for (i) fraud; (ii) intentional misconduct; or (iii) for death or personal injury caused by its negligence.

12.4 TMW accepts no responsibility for any tax liabilities that may arise from winning any prizes.

12.5 Applicants shall indemnify TMW and TMW’s officers, employees or agents against any loss or liability from any claim or action that arises as a result of a breach of these Awards Terms by an Applicant.

13 Choice of law

13.1 These Awards Rules, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Awards Rules or their subject matter or formation shall be governed by the laws of Victoria, Australia.

13.2 The courts of Victoria, Australia shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Awards Rules, or their subject matter or formation.

14 Correspondence

14.1 Official correspondence with regard to TMW 100 or these Awards Rules must be addressed to awards@themartechweekly.com.

15 Miscellaneous

15.1 If any provision or part-provision of these Awards Rules is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Awards Rules which shall continue in full force and effect.

15.2 No failure or delay by a party to exercise any right or remedy provided under these Awards Rules or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.