Canon Australia – #KyoyuAustralia Competition

TERMS AND CONDITIONS

1. Participation in this Canon Australia Instagram 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 on Friday 22nd November 2019 at the time Canon Australia (www.instagram.com/canonaustralia) and Kyoyu Australia (www.instagram.com/kyoyuaustralia) posts the giveaway’s details from their Instagram page and closes 11.59PM AEST Friday 6th December 2019 AEST.

Eligibility
3. The Competition is 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 (Participants).

How to Enter
4. Canon Australia will post on its Instagram page (https://www.instagram.com/CanonAustralia/) on 22nd November 2019 announcing that entries for the competition are open.

5. To enter the Competition, Participants must:
A. Take a photo or share a pre-existing photo of their Canon Photography equipment and then upload the image to their Instagram feed with the hashtag #kyoyuaustralia. The participant will aim to capture the most creative photograph.

6. Only completion of all the steps in clause 5 above will constitute a valid Entry.

7. Multiple entries are permitted. However, the image shared to the participants Instagram feed must be different each time.

8. All entries must be posted to Instagram before the competition closes at 11.59PM AEST on Friday 6th December 2019 AEST.

9. All images must be originals and be photographed by the participant themselves.

Moderation
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 guidelines.

Judging
11. Judging will be carried out by Canon’s Marketing Team. Judging will be based on creativity and the entry that is the most inspiring/ This will be decided by Canon’s marketing team.

12. The judges’ decision is final, and no correspondence will be given if the Entry is unsuccessful.

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.

Prize
14. The Prize is one $500 Universal Voucher with an expiry date of 30 June, 2021.

15. The Winner cannot exchange their prize for cash or a gift voucher.

16. There will only be one Prize winner.

17. The winner will be announced on the 12 December 2019 at 9:00am.

Claiming the Prize
18. The winner will be notified by the Instagram handle provided to Canon at the time of entry. The winner will also be announced and tagged on the @kyoyuaustralia Instagram account (www.instagram.com/kyoyuaustralia). The Winner may be required to provide personal information (such as a home address or email address) in order to claim the Prize.

19. The Winner must respond to the announcement to claim the prize.

20. If the Winner does not claim the Prize by the time specified in the announcement, or if a Winner cannot be contacted, or cannot provide suitable proof as to eligibility, or compliance with these Terms, they will forfeit the prize in its entirety and an alternate Winner will be chosen

21. The Prize, or any unused portion of a Prize is not exchangeable or transferrable.

Participant’s Warranties and Indemnity
22. 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.

23. Each Participant agrees to indemnify the Promoter against all costs and claims in connection with a failure by them to comply with these Terms.

24. 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.

25. This Competition is in no way endorsed, sponsored or affiliated with Facebook or Instagram. Each Participant agrees to indemnify Instagram against all costs and claims arising in connection with a failure by them to comply with these Terms, or otherwise arising in connection with this Competition.

Conditions that may Invalidate Entries, Participants or the Competition
26. 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.

27. 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.

28. 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.

29. 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.

Collection of Personal Information
30. The Promoter collects Personal Information in order to conduct the Competition. The Promoter may, for the purposes of conducting the Competition, disclose such information to third parties, including agents, contractors, service providers, suppliers and, as required, to regulatory authorities. Personal information collected by the Promoter in connection with this Competition will be managed in accordance with its Privacy Policy (available at https://www.canon.com.au/privacy-policy).

Liability
31. Nothing in these Terms 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).

32. 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.

General
33. All money amounts in these Terms are in Australian Dollars inclusive of GST.

34. If any provision of these Terms is unenforceable for any reason, such provision shall be severed from these Terms and the remaining Terms will remain in full force and effect.

35. These Terms are governed by the laws in New South Wales. All Participants submit to the non-exclusive jurisdiction of the Courts of New South Wales.

36. 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 13 83 (Promoter).