Facebook Photo Share Competition
TERMS AND CONDITIONS
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is via the Internet only.
3. During the ‘Celebrate Your Senses’ Photo Competition Facebook users are invited to share their favourite photo which celebrates their senses – sights, sounds, tastes, smells, touch and any experience related to the senses. Those who submit a photo entry will automatically go in the running to win one of six Weekly Prizes of a $300 Gift Card.
4. The photos submitted by all winners will be posted to the Transitions Australia and New Zealand Facebook page with the campaign hashtag and the entrant’s caption placed on the image.
5. Entrants to the competition have the opportunity to vote on their favourite photos. The most popular photos each week will be posted to the Transitions Australia and New Zealand Facebook page.
HOW TO ENTER
6. To enter, individuals must, during the Promotional Period, visit: https://www.facebook.com/transitionsanz follow the prompts as directed to the competition entry page, input the requested details including uploading an image and submit the fully completed entry form so that it is received by 11:59pm AEST on any day before a prize draw. See below DATES section for prize draw and promotion dates.
7. This promotion commences on 18/05/2015 and closes at 11.59pm AEST on 28/06/2015 ("Promotional Period").
8. All valid entries received during the Promotional Period will be eligible to win one of six Gift Cards to the value of $300AUD.
9. The Weekly Prizes will be drawn on the same day, six weeks in a row. The Weekly Prize draw dates are; 25/05/15, 01/06/15, 08/06/15, 15/06/15, 22/06/15, 29/06/15.
10. To be eligible for each Weekly Prize draw entries must be received before 11:59AEST the day before each Weekly Prize draw.
11. Entries only need to be submitted once to be eligible for each prize draw. Individuals may submit more than one entry.
12. This promotion is skill based and chance plays no part in determining the winners.
13. There will be three judges reviewing photo entries. Judging of photo entries will be based on the creative merit of the photo and caption provided in line with the promotional request.
14. The three judges will each review all entries and make an independent decision on which photo they believe should win for each time a Weekly Prize is drawn. The judges will share their choice with each other and then cast a vote to determine the winning entry.
15. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
16. Each winner will be notified by Facebook direct message and by email.
17. The "Weekly Prizes" awarded six times is a Visa Gift Card to the value of $300AUD.
18. All Weekly Prize winners will have their entry shared on the Transitions Australia and New Zealand Facebook page with their caption and the campaign hashtag (#CelebrateYourSenses) added to the image.
20. The total value of the Weekly Prizes will not exceed $300.00AUD each.
21. Winners must redeem the prize in accordance with the Visa prepaid cards.
22. Prizes, or any unused portion of the prize, are not transferable or exchangeable and cannot be taken as cash.
23. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
24. If any part of the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal or greater value and/or specification, subject to any written directions from a regulatory authority.
25. There is no entry fee for this competition.
26. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
27. Entries from professional and amateur photographers are welcomed.
28. Entry is free and open to residents from Australia and New Zealand only, 18 years and older only. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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.
29. Incomplete or indecipherable entries will be deemed invalid.
30. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way.
31. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
COPYRIGHT AND CONTENT
32. Copyright of any work submitted as an entry remains with the author or copyright owner. By submitting the work, the copyright owner gives Transitions Optical Australia New Zealand non-exclusive permission to reproduce, communicate and display works to the public including use of their name, likeness, image and/or voice, in relation to this competition. When Transitions Optical Australia and New Zealand shares a work submitted as part of the competition the copyright owner will be credited. For any other marketing or publicity usage outside the competition Transitions Optical will approach the copyright owners for use rights. Transitions Optical reserves the right to edit or crop these images as required. The competitor is solely responsible for ensuring that any content submitted to the competition does not infringe on any third party’s intellectual property rights or the rights of privacy or publicity of any third party. This includes text, data, photographs, graphics or any other materials.
33. The Promoter shall not be liable in any way for content submitted by entrants to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that is mentioned in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they 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.
34. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
CONDITIONS FOR DISQUALIFICATION
35. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
36. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), 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 the promotion.
37. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), 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 the Promotion, including, but not limited to, where arising out of the following: (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 and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
38. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers and prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, use the information for promotional, marketing publicity, research and profiling purposes including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
39. Entrants details will be managed in accordance with the privacy statement available https://www.facebook.com/about/privacy/.
40. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
41. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
AUSTRALIAN LAW COMPLIANCE
42. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
43. For the avoidance of doubt the Competition is managed and run by Transitions Optical Pty Ltd (ABN 2906 6727 8139) having its principal place of business at 37 Ellemsea Circuit Lonsdale, South Australia, 5160 (“Promoter”).