TERMS AND CONDITIONS
1. Participation in this Canon Australia x Charlotte Piho Competition (Competition) is deemed acceptance of these terms. Information and instructions on how to participate form part of these terms.
2. The Competition Period starts at 2.00pm Thursday 23 May 2019 and closes 8.00pm Monday 27th May 2019 (Competition Period).
3. The Competition is only open to individual Australian residents aged 18 years or over who are not employees, or immediate family members of employees, of the Promoter or its related companies. They must be currently located in Australia to be eligible to receive the prize (Participants).
How to Enter
4. The Promotor will post a photography brief on its Facebook page (https://www.facebook.com/CanonAustralia) on 23 May 2019 (Brief).
5. To enter the Competition, Participants must submit an image that fits the Brief. Images must be submitted as a comment to the Promotor’s Facebook post including the hashtag #CanonChallenge (Entry). Only submissions uploaded as a comment to the original Facebook post for the Competition on the Promoter’s Facebook page will be valid.
6. The Image must:
a. have been taken by the Participant and not a third party;
b. be in digital form, in JPG, TIG or PNG format, and no larger than 5MB;
c. be a true photograph and not a composite or digital manipulation. Basic editing such as cropping and colour adjustment is permitted.
Other than cropping, removal of pixels or watermarking is not permitted; and
d. be of an acceptable resolution and picture quality, as determined by the Promoter in its absolute discretion.
7. Participants can only submit their own original work. Entries must not contain third party artworks, substantial branding, substantial street art or other third party material that is protected by copyright or other intellectual property rights. Participants must own the copyright in their image and be able to grant the rights specified in clause 28.
8. Participants must obtain written consent from any recognisable person appearing in their Entry (or their parent or guardian if the person is under the age of 18), to submit the Entry in this Competition. Winners may be required to show such written consent to the Promoter as a condition of taking the Prize.
9. Multiple Entries are permitted.
10. Entries are subject to moderation. The Promoter reserves the right (in its sole discretion) to take down and exclude from the judging any Entry which the Promoter considers breaches Canon Australia’s Community Guidelines on Facebook.
11. Judging will be carried out by Photographer Charlotte Piho and employees of the Promoter. Judging will be based on creativity and the entry that best fits the Brief.
12. The judges’ decision is final and no correspondence will be entered into.
13. No responsibility is accepted for any Entry that is late, lost or misdirected or if the Winner does not claim their Prize in accordance with these terms.
14. The Prize is 1 x 20”x30” framed picture of Charlotte Piho’s signature ‘Turtle Hug’ print in a Natural Ash wood frame, provided by Charlotte Piho (Prize).
15. The print will be posted to the winner via regular post.
Claiming the Prize
16. The Winner will be publicly announced on Facebook as well as notified by private message sent to their Facebook account on Wednesday 29th May. Winners may be required to provide personal information (such as a home address or email address) in order to claim the Prize.
17. If a Winner does not claim their prize by the time specified in the private message, or if a Winner cannot be contacted, or cannot provide suitable proof as to eligibility, or compliance with these Terms and Conditions, they will forfeit the prize in its entirety and an alternate Winner will be chosen.
18. The Prize, or any unused portion of a Prize is not exchangeable or transferrable.
19. The Promotor reserves the right to forbid a Winner from claiming the Prize if the Promotor determines, in its absolute discretion, that the Winner is not in the mental or physical condition necessary to be able to safely participate in the Prize.
Participant’s Warranties and Indemnity
20. Each Participant warrants to the Promoter that:
a. they have complied with the Entry requirements;
b. no Entry submitted by them will contain viruses or cause injury or harm to any person or entity; and
c. they have and will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy,
publicity and the access or use of others’ computer or communication systems.
21. Each Participant agrees to indemnify the Promoter against all costs and claims in connection with a failure by them to comply with these terms.
22. Each Participant agrees that they are fully responsible for each Entry they submit, and is fully responsible for any equipment, materials, licences or other costs required for or associated with each such Entry. To the fullest extent permitted by law, the Promoter excludes any liability or any costs borne by the Participant in submitting their Entry.
23. This Competition is in no way endorsed, sponsored or affiliated with Facebook. Each Participant agrees to indemnify Facebook against all costs and claims arising in connection with a failure by them to comply with these Terms and Conditions, or otherwise arising in connection with this Competition.
Conditions that may Invalidate Entries, Participants or the Promotion
24. The Promoter reserves the right to reject, disqualify, remove or moderate any Entry that it determines, in its sole discretion, does not fit the criteria set out in these terms.
25. If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated by the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Participant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate.
26. The Promoter reserves the right to disqualify any Participant it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these terms.
27. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
28. In addition to any rights that may be granted in accordance with the terms and conditions of Facebook, by submitting an Entry Participants grant the Promoter permission to repost any of their Entries on Facebook. The Promoter agrees to attribute the Participant by Facebook user name.
Collection of Personal Information
30. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
31. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability for any personal injury or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of this Competition including (but not limited to) out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any Entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these terms; (e) any tax liability incurred by a Participant; or (g) use of the Prize.
32. All money amounts in these Terms and Conditions are in Australian Dollars inclusive of GST.
33. If any provision of these Terms and Conditions is unenforceable for any reason, such provision shall be severed from these Terms and Conditions and the remaining Terms and Conditions will remain in full force and effect.
34. These terms are governed by the laws in New South Wales. All Entrants submit to the non-exclusive jurisdiction of the Courts of New South Wales.
35. The Promoter is Canon Australia Pty Ltd of Building A, The Park Estate, 5 Talavera Road Macquarie Park NSW 2113 (ABN 66 005 002 951) Ph: 13 23 53 (Promoter).