Merch Store Competition

Terms and Conditions (Terms)

1. Participation in this Merch Store Competition (Competition) is deemed acceptance of these Terms. Information and instructions on how to participate form part of these Terms.

2. This Competition starts at 3:00pm AEST on 8 November 2023 and ends at 9:00pm AEST on 12 November 2023 (Competition Period).

Eligible Participants
3. The Competition is only open to individual Australian residents aged 18 and above and are not employees (or their immediate family members) of Canon or its related bodies corporate (Participants).

How to Enter
4. At 3:00pm AEST on 8 November 2023, the @canonaustralia, @canon.nz and @canonanzpro Instagram accounts will publish a collaborative Instagram post announcing the Competition (Announcement Post).

5. To enter this Competition (Entry), Participants must, during the Competition Period;
a) follow the @canonaustralia, @canon.nz and @canonanzpro Instagram accounts; and
b) comment on the Announcement Post telling us in 25 words or less why they want to win a Canon merchandise pack.

6. Participants who already follow the @canonaustralia, @canon.nz and @canonanzpro Instagram accounts can enter the Competition by completing the comment in clause 5(b) during the Competition Period.

Moderation
7. 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 Instagram’s Community Guidelines.

Judging
8. This Competition is a game of skill and will be judged by the Promoter. The Promoter will award the prize listed in clause 11 to the winning Entry (Winner).

9. Each Entry will be individually judged based on creative merit.

10. The judges’ decision is final and no correspondence will be entered into.

11. 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.

Prizes
12. The Winner will receive the following prize (Prize);

13. Promoter has the right to replace all or part of the Prize with another item of similar value in their absolute discretion if for any reason a Prize is not available.

Claiming the Prize
14. The Winner will be announced on @canonaustralia’s Instagram story on 15 November 2023. Winner must contact Promoter via Instagram message with their full name, phone number and postal address in order to claim the Prize.

15. If the Winner does not claim the Prize by 29 November 2023, or cannot provide suitable proof as to eligibility or compliance with these Terms, they will forfeit the Prize in its entirety and the Promoter will choose an alternate winner from the rest of the Entries at their sole discretion.

16. The Prize or any unused portion of a Prize is not exchangeable or transferrable. The Promoter will not compensate any Participant in any way for Prizes that have not been claimed within the time limits.

17. It is a condition of claiming a Prize that the Winner will, if requested by the Promoter, sign a legal release in a form determined by the Promoter.

Participant’s Warranties and Indemnity
18. Each Participant warrants to the Promoter that:

a) their submissions are their own words that do not infringe on any copyright or privacy laws, or rights of any third party; including but not limited to, copyright, trademarks, trade secrets, privacy, publicity, personal, confidentiality or proprietary rights;

b) their Entry has not been submitted for any other competition, promotions or any other commercial use

c) they have complied with the Entry requirements;

d) no Entry submitted by them will contain viruses or cause injury or harm to any person or entity; and

e) 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.

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

20. 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.

21. This Competition is in no way endorsed, sponsored or affiliated with 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.

22. By accepting these Terms, the Participants confirms they have reviewed and accepted the Terms and Conditions and Policies of Instagram.

Conditions that may Invalidate Entries, Participants or the Competition
23. 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.

24. 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.

25. 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.

26. 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.

Privacy
27. The Promoter collects personal information in order to conduct this Competition. The Promoter may, for the purpose of conducting this Competition, disclose such information to third parties, including agents, contractors, service providers, suppliers and, as required, to regulatory agencies. Participation is conditional on providing this information.

28. Information about Participants may be published as set out in these Terms and Conditions. Personal information collected by the Promoter will be managed in accordance with its Privacy Policy (www.canon.com.au/Privacy-Policy).

Copyright
29. In addition to any rights that may be granted by an Participant in accordance with the terms and conditions of Instagram, by submitting an Entry, Participants grant the Promoter permission to repost any of their Entries (including Instagram or TikTok username/handle) on Instagram, Facebook and/or TikTok. The Promoter agrees to attribute the Participants by their Instagram username.

Liability
30. 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).

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 (f) use of the Prize.

General
32. These Terms and Conditions may change and the Promoter will inform Participants of any changes as soon as reasonably possible.

33. The Promoter will use reasonable efforts to ensure that the timeframes specified in these Terms are met but Participants accept that time frames may vary due to circumstances outside the Promoter’s reasonable control, including but not limited to postal delays or delays in bank processing.

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

35. 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.

36. 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.

37. 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).