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Canon Australia – It’s Time for a Camera Social Competition

TERMS AND CONDITIONS

1. Participation in this Canon Australia Pty Ltd (Canon Australia) It’s Time for a Camera 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 7:00pm AEST, Monday July 26, 2021, and closes 11:59 AEST, Thursday August 26, 2021.

Eligibility
3. The Competition is only open to individual Australian residents aged 16 years or over who are not employees, or immediate family members of employees, of the Promoter or its related companies (Participants). Participants under the age of 16 must have the consent of their parent or legal guardian to enter this Competition and to agree to its Terms.

How to Enter
4. Via paid advertising, Canon Australia (Promoters) will do a callout on its Instagram (https://www.instagram.com/CanonAustralia/) and TikTok (www.tiktok.com/canonanz) accounts for photo and video submissions based on a brief. To enter the competition;
 a. Participants must sign up to Canon Australia’s monthly publication ‘In Focus’ to be eligible (https://www.canon.com.au/preference-and-settings/in-focus)
 b. Post an image or video to Instagram or TikTok based on the following briefs:
  • Instagram: Show us that you’re ready to graduate to a Canon camera by submitting your best image or video shot on a smartphone.
  • TikTok: Show us that you’re ready to graduate to a Canon camera by submitting your most creative video shot on a smartphone.
 c. Participants must also follow @canonaustralia on Instagram or @canonanz on TikTok and tag #canonaustralia, #itstimeforacamera. Doing so will go into the draw to win the prize.

5. Image or video must be taken on a smartphone.

6. Canon to choose one winner from each category (photo and video) to receive one prize, announced on Canon’s Instagram and TikTok channels.

7. 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 16), to submit the Entry in this competition. The winner may be required to show such written consent to the Promoter as a condition of taking the prize.

8. The Participant confirms their submissions are their own original videos or images and have not infringed on any copyright or privacy laws.

Moderation
9. 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 Instagram or TikTok.

Judging
10. Judging will be carried out by Canon Australia and will be based on creativity and the entry that best fits the Brief.

11. The judges’ decision is final, and no correspondence will be entered.

12. 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
13. The Prize is two Canon EOS M50 Mark II’s, provided by Canon Australia (valued at AUD $1199 RRP each)

14. One prize per category: Image and Video

15. Canon Australia has the right to change the prize according to their absolute discretion if for some reason the prize is not available.

Claiming the Prize
16. The two Winners will be publicly announced on Canon Australia’s Instagram and TikTok channels at 7:00pm AEST, Thursday September 9, 2021 as well as notified by private message sent to their Instagram and TikTok. The Winner may be required to provide personal information (such as a home address or email address) in order to claim the Prize.

17. If the Winner does not claim the 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, 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 Promoter reserves the right to forbid a Winner from claiming the Prize if the Promoter 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 Instagram or Tiktok. Each Participant agrees to indemnify Instagram and Tiktok 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.

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

Conditions that may Invalidate Entries, Participants or the Competition
25. 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.

26. 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.

27. 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.

28. 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
29. 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).

Copyright
30. In addition to any rights that may be granted by an Entrant 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
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).