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The Penfolds Evermore Grants Program (the Program) is an initiative of Penfolds Wines Australia Ltd (ABN 61 160 602 773) (Penfolds Wines).
Penfolds Wines administers the Program to provide grants of money to selected recipients that will deliver initiatives (Initiatives) that support community and culture within one or more of the categories of winemaking/viticulture, food and creative arts (including fashion, art and music) (the Three Categories).
Grant recipients are selected through a two-stage assessment process. Initial applications (EOI Applications) will be accepted via an expression of interest process (EOI Process). Valid EOI Applications will be assessed and a limited number of applicants will be invited to submit a full application for consideration (Full Application).
Applications submitted for consideration as part of the Program (Applications) are subject to the following Terms and Conditions, which are to be read in conjunction with the Program’s application forms.
1.1 Applications may be submitted by individuals aged 18 years or over, businesses, community organisations and not-for-profits and educational and research institutions (Applicants). Applicants do not have to be incorporated but if incorporated, relevant details must be provided to the Program.
1.2 Applicants must be primarily based in Australia but do not have to be solely based in Australia.
1.3 Applicants cannot be current employees or directors of Penfolds Australia or Treasury Wine Estates
1.4 Applicants cannot be political parties, lobby groups or Government bodies (with the exception of educational or research organisations)
1.5 Proposed Initiatives must not involve political lobbying, illegal activities, high-risk activities or anything that may have overt appeal to minors (under 18’s)
1.6 The proposed Initiatives must be carried out in Australia.
2.1 EOI Applications will be accepted only via the online application form available at penfolds.smartygrants.com.au/2024AU.
2.2 EOI Applications must be received between 12.01am (Australian Eastern Daylight Savings time) on 31 January 2024 and 11.59pm (Australian Eastern Daylight Savings time) on 17 March 2024 (the EOI Application Period). EOI Applications will be deemed to be received only when a confirmation of submission is issued via the online application system. Penfolds Wines is not liable for any applications or correspondence that are, due to circumstances outside Penfolds Wines' reasonable control, misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
2.3 EOI Applications must include:
(a) a description of the proposed Initiative including its key objectives and activities
(b) the proposed Initiative’s budget including details of any other project funders
(c) a description of how the proposed Initiative contributes to community and culture in one of the Three Categories and its alignment with the Program;
(d) all other information required in the EOI Application Form.
2.4 EOI Applications are restricted to one per person or organisation (as relevant). Applicants using multiple aliases may be disqualified.
2.5 By submitting an EOI Application, Applicants are deemed to accept these Terms and Conditions.
2.6 In making an EOI Application each Applicant agrees on their own behalf, or as a nominated representative on behalf of the applicant where the applicant is an organisation:
(a) to comply with these Terms and Conditions and the terms stated in the Application Form; and
(b) funding may be withdrawn (and required to be repaid) if the Applicant does not comply with these Terms and Conditions.
2.7 In making an application each Applicant warrants on their own behalf, or as a nominated representative on behalf of the Applicant where the applicant is an organisation, that the Applicant and the proposed Initiative (for which it will spend the grant money if awarded) meets the eligibility criteria set out at Condition 1 of these Terms and Conditions. Applicants undertake to notify Penfolds Wines if they cease to meet the eligibility criteria while their EOI Application is under consideration.
2.8 Applicants must not:
(a) tamper with the application process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the Program;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of Penfolds Wines or any of its related entities or of any of the agencies or companies associated with the Program;
(e) breach any law in Australia or any other relevant jurisdiction; or
(f) behave in a way that is otherwise in Penfolds Wines' reasonable opinion inappropriate.
2.9 Any further rounds of grant funding through the Program may be subject to additional or different terms and conditions, as may be notified by Penfolds Wines from time to time. Penfolds Wines does not guarantee that there will be any further rounds of grant funding through the Program.
3.1 Each eligible EOI Application will be assessed based on pre-determined criteria, which include (but are not limited to) the extent to which:
(a) The proposed Initiative demonstrates an innovative or visionary approach;
(b) The proposed Initiative has a connection to a Penfolds community;
(c) The Applicant is best-placed to deliver the proposed Initiative;
(d) The proposed Initiative offers value for money and is feasible;
(e) The Applicant and proposed Initiative is aligned with the aims of the Program, supporting community and culture and contributing to one of the Three Categories; and
(f) The EOI Application has been completed in full and satisfactorily, and is accompanied by any required documentation.
3.2 Penfolds Wines may, at its discretion, request supplementary information from an Applicant in order to clarify points in its submitted EOI application or to establish the validity of the application (including documentation establishing the Applicant's, or any associated person's, identity, age, place of residence and place of employment).
3.3 EOI Applications will be reviewed against the eligibility criteria and a limited selection of Applicants will be invited to submit a Full Application. Any decision to invite an Applicant to make a Full Application will be made by Penfolds Wines in its absolute discretion. This decision is not subject to review or appeal under these Terms and Conditions. Penfolds Wines is not required to provide reasons for any decision made in relation to selecting Applicants to submit a Full Application.
4.1 Selected Applicants will receive an invitation to submit a Full Application via the contact details included in their EOI Application (Invitation). Full Applications may only be submitted by Applicants that have received an Invitation.
4.2 Full Applications must be submitted by the date communicated in the Invitation.
4.3 Full Applications must include:
(a) a description of the proposed Initiative and how it contributes to culture and community including which of the Three Categories is relevant to the Full Application
(b) proposed key objectives, activities and milestones
(c) projected outcomes
(d) a detailed project budget including any other funding to be contributed (by third parties)
(e) information about project risks and risk management strategies
(f) all other information required in the Full Application Form.
4.4 By submitting a Full Application, Applicants are deemed to accept these Terms and Conditions.
4.5 In making a Full Application each Applicant agrees on their own behalf, or as a nominated representative on behalf of the Applicant where the Applicant is an organisation:
(a) to comply with these Terms and Conditions and the terms stated in the Application Form; and
(b) that funding may be withdrawn (and required to be repaid) if the Applicant does not comply with these Terms and Conditions.
4.6 In making a Full Application, each Applicant warrants on their own behalf, or as a nominated representative on behalf of the Applicant where the Applicant is an organisation, that the Applicant and the proposed Initiative (for which it will spend the grant money if awarded) meet the eligibility criteria set out at Condition 1 of these Terms and Conditions. Applicants undertake to notify Penfolds Wines if they cease to meet the eligibility criteria while their Full Application is under consideration.
4.7 Applicants must not:
(a) tamper with the application process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the Program;
(c) act in a disruptive, threatening, abusive or harassing manner;
(d) do anything that may damage or diminish the good name or reputation of Penfolds Wines or any of its related entities or of any of the agencies or companies associated with the Program;
(e) breach any law in Australia or any other relevant jurisdiction; or
(f) behave in a way that is otherwise in Penfolds Wines' reasonable opinion inappropriate.
4.8 Any further rounds of grant funding through the Program may be subject to additional or different terms and conditions, as may be notified by Penfolds Wines from time to time. Penfolds Wines does not guarantee that there will be any further rounds of grant funding through the Program.
5.1 Penfolds will distribute up to AUD$200,000 to selected Applicants that have made a Full Application in the grant round, and may make any number of grants from this funding available (each, a Grant). Each Grant will be for an amount up to AUD$200,000. Penfolds reserves the right to not provide any Grants if there are no Full Applications that satisfactorily meet the criteria, or may only award part of the available AUD$200,000.
5.2 To determine which Applicants are awarded a Grant, each eligible Full Application will be assessed based on pre-determined criteria, which include the extent to which:
(a) The proposed Initiative demonstrates an innovative or visionary approach;
(b) The proposed Initiative has a connection to a Penfolds community;
(c) The Applicant is best-placed to deliver the proposed project;
(d) The proposed projects offers value for money and is feasible;
(e) The Applicant and proposed project are aligned with the aims of the Program, supporting community and culture and linked to one of the Three Categories; and
(f) the Full Application has been completed in full and satisfactorily, and is accompanied by any required documentation.
Penfolds Wines may, at its discretion, request supplementary information from an Applicant in order to clarify points in its submitted application or to establish the validity of the application (including documentation establishing the Applicant's, or any associated person's, identity, age, place of residence and place of employment).
5.3 Penfolds Wines may, at its discretion, undertake Applicant due diligence activities prior to awarding a Grant to an Applicant.
5.4 Penfolds will notify Grant recipients (Recipients) of their success via the contact details supplied in the Full Application (Notification).
5.5 Penfolds Wines will determine whether each Grant is paid in one lump sum or a number of partial payments spread over time (which may be linked to achievement of milestones nominated by Penfolds Wines).
5.6 Penfolds Wines may also require the Recipient to agree to and execute a formal written grant agreement (“Grant Agreement”) that may contain further conditions that Penfolds Wines may reasonably impose.
5.7 Recipients must provide an invoice addressed to Penfolds Wines in order for the Grant payment (or part thereof) to be paid. The invoice must include an invoice number and date, the Recipient’s name, Australian Business Number (if applicable), Australian Charities and Not-for-profits Commission registration details (if applicable), bank account details for receipt of the Grant payment, street address, contact telephone number and contact email address.
5.8 If an Applicant does not receive a Notification, or receives notice from Penfolds Wines that they are not successful, then they are not a Recipient under these Terms and Conditions and will not receive any Grant.
6.1 Each Recipient agrees to acknowledge Penfolds Wines and the Program in any advertising or publicity material published by or for the Recipient in connection with the Initiative using any form of acknowledgment Penfolds Wines reasonably specifies.
6.2 Except as may be required under clause 4.1, no Recipient may publish any advertising, signage, media release or other advertising, publicity or promotional material that contain any Penfolds Wines or Program name or logo unless first submitted to and approved in writing by Penfolds Wines. Penfolds Wines is not obliged to approve such items.
6.3 Penfolds Wines may use Material about the Initiative and the Recipient to promote Penfolds Wines and the Program and the work being delivered, including via any media. This may include personal information the Recipient has provided to Penfolds Wines, provided that the Recipient has consented to such disclosure. The Recipient must provide Material to Penfolds Wines for this purpose, as reasonably requested by Penfolds Wines.
6.4 Each Recipient will cooperate with Penfolds Wines as reasonably requested by Penfolds Wines in promoting Penfolds Wines and the Program.
7.1 Penfolds Wines is not required to pay any amount to a Recipient in addition to the relevant Grant. The Recipient is responsible for any tax consequences for the Recipient of receiving a Grant. Each Recipient should seek independent financial advice.
8.1 Each Recipient must notify Penfolds Wines in writing of anything reasonably likely to affect the establishment, operation or performance of the Initiative as soon as possible.
8.2 If the Program cannot run as planned for any reason beyond Penfolds Wines' reasonable control, Penfolds Wines may end, change, suspend or cancel the Program or any affected Grant or disqualify affected applications or Recipients.
9.1 Neither Penfolds Wines (on one hand) nor any Applicant or Recipient (on the other hand) is by virtue of these Terms and Conditions the employee, agent, joint venturer or partner of the other.
10.1 Recipients remain responsible for compliance with these Terms and Conditions and any further conditions imposed by Penfolds Wines, including in relation to any tasks undertaken by their officers, employees, agents, subcontractors, volunteers, Specified Personnel or other persons engaged by the Recipient.
11.1 These Terms and Conditions may be varied at any time by Penfolds Wines, however such variation will not apply to Grants that have already been awarded or applications that have already been made. Penfolds Wines will publish the varied Terms and Conditions at https://www.penfolds.com/evermore-terms-and-conditions
12.1 Penfolds Wines will provide each Recipient with the allocated grant funding in line with the terms of the Grant Agreement.
13.1 Each Recipient agrees to spend the Grant only for the purpose of undertaking the Initiative and in accordance with the Recipient's application and these T&Cs and any Grant Agreement in place unless otherwise agreed in writing with Penfolds Wines.
13.2 Penfolds Wines will not be responsible for any additional costs of an Initiative, nor obliged to pay any monies additional to the amount of the Grant.
13.3 Each Recipient must complete and provide to Penfolds Wines a detailed summary of the outcomes of the Initiative, including verifying that the Grant was spent in accordance with the Grant application and these Terms and Conditions and provide any other information required by the Grant Agreement (Acquittal Report). The Grant Agreement will set out the number of Acquittal Reports required from the Recipient and the timeframe for delivery of these reports.
14.1 Penfolds Wines may upon written notice to a Recipient withhold payment of or terminate a Grant, and the Recipient must repay the Grant to Penfolds Wines to the extent the Recipient has already received the Grant, if:
(a) the Recipient has materially breached these Terms and Conditions or any Grant Agreement in place (including but not limited to if the Recipient has spent the Grant otherwise than in accordance with the Terms and Conditions or Grant Agreement);
(b) Penfolds Wines reasonably determines that the eligibility criteria are not met, or are no longer met, by the Recipient;
(c) the Recipient was not eligible to receive the Grant;
(d) the Recipient has provided any false or misleading statement in the Grant application or the Grant application submitted was incomplete or incorrect in any material respect;
(e) the Recipient has become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration;
(f) the Recipient does, or has at any time done, anything which may adversely affect the reputation of Penfolds Wines or its related bodies corporate;
(g) the Recipient has, in relation to these Terms and Conditions or the Initiative, breached a law; or
(h) the Recipient has had a Change in Control or Change in Circumstance that may negatively affect the Recipient’s ability to comply with these Terms and Conditions; or
(i) the Recipient is unable to undertake or complete the Initiative for any reason.
14.2 If at any time the stated purpose of the Initiative is no longer possible or cannot be completed in the manner and within the timeframe described in the Grant application submitted to Penfolds Wines, the relevant Recipient must notify Penfolds Wines in writing and return any unspent amount of the Grant within 2 weeks of this becoming apparent. Notwithstanding the above, Penfolds Wines may (in its absolute discretion) agree in writing to allow the Recipient to apply the Grant, or a portion of it, to a variation to the Initiative provided the Initiative and Recipient otherwise meet all eligibility criteria.
15.1 Each Recipient agrees to maintain accurate records of the expenditure of the Grant for a period of at least 7 years from the date the Grant was made.
15.2 Penfolds Wines may ask any Recipient to provide a written report or written reports to Penfolds Wines on the progress and outcomes of their Initiative including details of progress and expenditure, and the Recipient must promptly comply with any such request.
15.3 Each Recipient agrees to allow Penfolds Wines or its authorised representative upon reasonable notice to inspect, audit and copy any information or record relating to the Initiative and expenditure of the Grant.
15.4 Each Recipient will otherwise promptly provide Penfolds Wines with all information requested by Penfolds Wines in relation to the Initiative, to demonstrate compliance with these Terms and Conditions.
16.1 Each Recipient warrants that its Initiative and Grant application are the Recipient's original work and do not infringe the Intellectual Property Rights of any person or entity. The Recipient indemnifies Penfolds Wines against any claim made against Penfolds Wines alleging that Penfolds Wines' use of Material provided by the Recipient in accordance with these Terms and Conditions infringes the Intellectual Property Rights of any person or entity.
16.2 Each Recipient grants Penfolds Wines a non-exclusive, irrevocable, perpetual, royalty-free, world-wide, sub-licensable licence to use, edit, reproduce, communicate to the public and publish any Material provided to Penfolds Wines by the Recipient in relation to the Initiative or in the Grant application.
17.1 Each Recipient agrees to manage all Personal Information it holds in connection with the Initiative, in accordance with the requirements of the Privacy Legislation (including, in Australia, the Australian Privacy Principles even if the Recipient is not directly bound by legislation to comply with them).
17.2 Penfolds Wines collects any Personal Information provided by an Applicant or a Recipient for the purpose of assessing the relevant Grant application and administering and publicising the Program and Grants. Penfolds Wines' privacy policy (see www.penfolds.com/en-au/privacy-policy) contains details of how an individual may seek to access or correct the personal information Penfolds Wines holds about them, how they may complain about a privacy breach and how Penfolds Wines will deal with such a complaint.
17.3 Applicants and Recipients may receive communications, including by email, relating to the Program in order to administer the relationship between Penfolds Wines and those persons or entities. If you tick the relevant box on the Application Form you consent to receive additional information from Penfolds Wines (including by email) about the Program and other offers and marketing.
18.1 Penfolds Wines will treat Grant applications as confidential to the Applicant and not disclose the content of a Grant application to any third party except:
(a) with the Applicant's consent;
(b) as reasonably required for the purposes of, or as contemplated by, these Terms and Conditions;
(c) to the extent the content is in, or comes into, the public domain other than due to a breach of this clause by Penfolds Wines; or
(d) as required or authorised by law or the rules of the ASX.
19.1 Each Recipient must, unless Penfolds Wines waives this requirement in writing, keep and maintain adequate insurance (including public liability insurance) against any claims for loss or damage to property and injury or death to persons arising from activities the subject of its Initiative and provide Penfolds Wines with proof of such insurance promptly when requested.
19.2 Each Recipient agrees to comply with all laws (including work health and safety laws) and obtain all necessary approvals to carry out its Initiative, and to carry out the Initiative with due care and skill and to a high standard. When engaging or deploying a person (whether as an officer, employee, contractor, agent or volunteer) in relation to any part of its Initiative, the Recipient must ensure that the persons engaged or deployed comply with all legislative requirements including (where required, in Australia) a Working with Children Check.
20.1 The Program is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to Penfolds Wines and not to any social media platform. You completely release any relevant social media platforms from any and all liability.
21.1 Failure by Penfolds Wines to enforce any of its rights under these Terms or Conditions at any stage does not waive those rights.
22.1 No Applicant or Recipient may assign any right (including any Grant payment) or liability under these Terms and Conditions without the prior written consent of Penfolds Wines.
23.1 Any provision of these Terms and Conditions which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these Terms and Conditions or the validity of that provision in any other jurisdiction.
24.1 Any term of these Terms and Conditions that is expressed to survive, or by its nature survives, the termination or expiry of these Terms and Conditions will survive and continue in effect following termination or expiry of these Terms and Conditions.
25.1 These Terms and Conditions are governed by the laws of Victoria, Australia and the parties irrevocably submit of the non-exclusive jurisdiction of the courts having jurisdiction in Victoria (including Federal courts of Australia).
26.1 In these Terms and Conditions, unless the contrary appears:
Change in Control means any change in any person(s) who directly or indirectly exercise effective control over a Recipient.
Change in Circumstance means any significant change to a Recipient, including:
(a) loss of Specified Personnel;
(b) significant loss or unavailability of staff or any individual delivering the Initiative;
(c) changes to the location of premises where the Initiative is delivered;
(d) significant changes in the Recipient’s governance or funding arrangements;
(e) significant changes to the Recipient’s financial management of the Grant;
(f) any significant negative impact on the Recipient’s financial viability.
"including" and similar words are not words of limitation.
Intellectual Property Rights means all copyright, patents, registered and unregistered trade marks (including service marks), registered designs, and other rights resulting from intellectual initiative (including moral rights under the Copyright Act 1968 (Cth)).
Material includes documents, photographs, equipment, software (including source code and object code versions), goods, information, images, audio-visual recordings and data stored by any means including all copies and extracts of them.
Personal Information has the same meaning as in the Privacy Act 1988 (Cth).
Privacy Legislation means the Privacy Act 1988 (Cth) and any other applicable privacy legislation.
Specified Personnel means the specific personnel, if any, required to undertake the Initiative or part of the Initiative as set out in the relevant Grant application.