Submission Terms

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www.boosted.org.nz ('Boosted') is owned and operated by the Arts Foundation of New Zealand ('Arts Foundation', 'we', 'us', 'our'). Before submitting a proposal to Boosted, you must agree to these submission terms and conditions ('Terms'). These Terms must be read in conjunction with the Terms of Use for Boosted and our Privacy Policy. By submitting a proposal on Boosted you agree that you have read, understood and unequivocally accept all of these Terms.

1 How to submit

To submit a proposal in relation to an arts project to be hosted on Boosted, you must:

  1. Complete the Boosted application form available at Boosted Project Registration form;
  2. Provide the name, email address, and telephone number of at least one referee of good standing who can, upon request by the Arts Foundation, confirm that you are of good character;
  3. Identify a financial amount that you require in order to execute and complete that arts project (the 'Financial Target'); and
  4. Provide all other information requested by the Arts Foundation in relation to that arts project, including a project description, an image or, a video, (optional) describing the project.

(together, the above four points make up the 'Proposal').

2 Approval for hosting

Following receipt of your Proposal, the Arts Foundation may approve your Proposal for hosting on Boosted, in which case your Proposal will become a 'Boosted Project'. The Arts Foundation will endeavour to inform you if your Proposal has been approved as a Boosted Project within 28 days of receipt of your Proposal.

3 Right to decline

The Arts Foundation may, at its absolute discretion, decline any Proposal submitted by you for any reason whatsoever including that the Arts Foundation considers that the Proposal does not align with the Arts Foundation's purpose or objectives as set out in the Arts Foundation Deed of Trust (including being for a 'Charitable Purpose' as defined in the Arts Foundation Deed of Trust). If we decline your Proposal, then we shall have no liability to you in relation to that Proposal. The Arts Foundation's decisions regarding all aspects of Boosted including, without limitation, decisions regarding the eligibility of Proposals are final. No correspondence will be entered into.

4 Hosting on Boosted

You must provide all information reasonably requested by the Arts Foundation in order to facilitate hosting of your Proposal on Boosted. If your Proposal is selected as a Boosted Project, then the Arts Foundation will (subject to the provisions in clause 7 relating to a shortfall or overrun on the Financial Target):

  1. Publish details of your Proposal on Boosted; and
  2. Receive donations to us in support of your Proposal in accordance with clause 5, 6 and 7.

Until the Financial Target is reached (by adding together all amounts received by us in support of your Proposal), or until the time period set out in your Proposal expires, whichever occurs sooner.

5 Rights to amounts received

Subject to clauses 6 and 7 below, all amounts donated to, or received by, the Arts Foundation in support of your Proposal are the property of the Arts Foundation and neither you, nor your Boosted Project, nor any other person, has any right to or interest in such amounts.

6 Grants of money

The Arts Foundation may, at its absolute discretion, decide to make a grant to your Boosted Project of some or all of the amounts donated in support of your Boosted Project less an administration fee of up to 10%. If the Arts Foundation decides to make a grant to you, then you must execute an agreement with the Arts Foundation regarding that grant in the form required by the Arts Foundation. All grants you receive must be used strictly for the purpose of undertaking your Boosted Project in accordance with your Proposal, unless otherwise agreed with the Arts Foundation in writing. The Arts Foundation reserves the right to withhold all or any part of its grant to your Boosted Project or remove any Boosted Project from the Boosted website, if it considers, acting reasonably, that the grant will not be used for the purpose specified in your Proposal or for non-compliance with these Terms or the Boosted Terms of Use. The Arts Foundation reserves the right to recover from you any grant moneys that have been used for a purpose other than that set out in your Proposal (except where we have otherwise agreed in writing). We may also recover moneys granted to you if you do not complete your Boosted Project within a reasonable time.

7 Financial Target

The Arts Foundation has no obligation to make any grant of money, and may withhold all donations received in support of your Boosted Project for any reason, including that the amounts received in relation to your Boosted Project have not met the Financial Target within the time period set out in your Proposal. However, even if the Financial Target is not reached, the Arts Foundation may, in its absolute discretion, make a grant to your Boosted Project if, upon request, you satisfy the Arts Foundation that your Boosted Project can be completed for an amount that is less than the Financial Target. Any grant made in these circumstances will not exceed the donations received by us in support of your Boosted Project, less the administration fee of 10%. For the avoidance of doubt, the Arts Foundation has no obligation to make any grant of money to your Boosted Project whether or not the Financial Target is reached.

In the event that the donations received in relation to your Boosted Project exceed the Financial Target, the Arts Foundation may, in its absolute discretion, grant some or all of the further donations received in relation to your Boosted Project if, upon request, you satisfy the Arts Foundation that granting extra money will enable you to improve your Boosted Project and that such improvement aligns with the Arts Foundation's purpose and objectives as set out in the Arts Foundation Deed of Trust.

8 Your Warranties

By submitting a Proposal on Boosted, you confirm, warrant and agree that:

  1. Your Proposal (including the project you propose to undertake) is your original work and does not (and will not) infringe any copyright or any other rights of any third party.
  2. The Arts Foundation will not become liable for any copyright infringement or other unlawful conduct arising from the submission, communication to the public, or display of your Proposal or any part of it.
  3. The information submitted in your Proposal is true and correct.
  4. If you receive a grant of money equal to the Financial Target set out in your Proposal, you will be capable of implementing and completing the arts project detailed in your Proposal.
  5. No item submitted as part of your Proposal contains any virus or other computer programming routine that may damage, interfere with, surreptitiously intercept, or expropriate any system, data or personal information.

9 Intellectual property ownership

You retain all of your ownership rights in material or content you submit as part of your Proposal. You hereby grant the Arts Foundation a worldwide, royalty-free, non-exclusive, irrevocable, transferable, perpetual, sub-licensable, licence to use, reproduce, copy, adapt, translate, publish, or distribute any materials or content you submit as part of your Proposal (including the description of the Boosted Project you propose to undertake) without any compensation or any obligation to you.

10 Third party websites

Boosted may offer functionality that allows users to share with one or more third parties certain aspects of your Proposal. By submitting a Proposal to Boosted, you agree that details of your Proposal (including the description of the Boosted Project you propose to undertake), may be shared by users of Boosted, including copying or reproducing the Proposal (in part or in full) or summaries of your Proposal on third party social networking websites such as Facebook and Twitter. You acknowledge that the sharing of Proposals on third party websites is essential to the success of Boosted.

11 Publicity

If your Proposal is selected as a Boosted Project, you agree:

  1. to be interviewed and photographed and agree to be available for interviewing, photography and for other public relations and promotional activities associated with Boosted, as requested by the Arts Foundation;
  2. consent to your name, photograph and likeness being recorded, reproduced, published, copied, communicated and otherwise used by the Arts Foundation for advertising, publicity and promotional purposes on the Internet, in any television programme, video recording, or printed or electronic materials throughout the world, in perpetuity, and without the need for any compensation; and
  3. to reference the Arts Foundation and Boosted in all promotional material associated with your Boosted Project (and you agree to immediately remove such references from all such material upon request by the Arts Foundation).

12 Submission of Proposals

The Arts Foundation assumes no responsibility for any error, omission, interruption, deletion, defect, failure, malfunction, alteration, delay in delivery, operation or transmission, theft, or other circumstances of any kind, which may affect any aspect of your Proposal. The Arts Foundation, in its sole discretion, may disqualify any Proposal that is incomplete, illegible, damaged, mutilated, forged, otherwise tampered with in any way or that has been made by automating or manipulating the application or Proposal process, or in any other way that the Arts Foundation considers to be inappropriate. The Arts Foundation reserves the right to verify the validity of Proposals.

13 Our Warranties

To the maximum extent permitted by law, the Arts Foundation (and its subsidiaries, related companies, associated entities, employees, contractors and agents):

  • provides services associated with Boosted and all Boosted related information and advice on an 'as is' basis; and 
  • disclaim all guarantees, warranties, and representations of any kind (whether express, implied or statutory) in respect of Boosted including for fitness for a particular purpose.

You acknowledge that, if we give you advice or information, we accept no liability to you or anyone else in relation to that advice or information or arising out of your reliance on that advice or information.

14 Liability

To the maximum extent permitted by law, the Arts Foundation (and its subsidiaries, related companies, associated entities, employees, contractors and agents) shall not be liable for any personal injury, loss, damage (whether direct or indirect), cost, or expense howsoever caused (including through negligence or breach of statutory duty) arising out of or in connection with:

  1. Boosted;
  2. the acts or omissions of the Arts Foundation; or
  3. any act of God, or other event or occurrence beyond the control of the Arts Foundation.

15 Breach of Terms

If you breach any of these Terms, then your Proposal shall be void and your Proposal may be removed from Boosted. In such event, the Arts Foundation has no liability to you and may withhold all donations received in relation to your Proposal.

16 Governing Law

The Boosted website and these Terms shall be governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to these Terms.

 

 

These Terms of Use were last updated on 7 May 2015