1. Information on how to enter and the prizes form part of these Terms & Conditions. Participation in this promotion is deemed acceptance of these Terms & Conditions.
2. The Promoter is FUJIFILM Australia Pty Ltd (ABN 80 000 064 433) of Level 2, 54 Waterloo Road, Macquarie Park, NSW 2113 (“Promoter”).
3. Subject to paragraphs 4 and 5 below, entry is only open to residents of Australia (“Entrants”).
4. Entrants must be at least 13 years of age or older at the time at which they submit their entry. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter the promotion. The parent or guardian may be called to verify consent and may be required to sign a release at the discretion of the Promoter. The release will also require the winner’s parent or guardian to accept responsibility for the acts and forbearances of the winner. The release must include the full name, address and telephone number of the winner’s parent or legal guardian. Failure to provide such proof, particulars or releases will immediately invalidate the winner’s entitlement to the prize.
5. Employees (and their immediate family members) of the Promoter, agencies associated with the promotion and their related bodies corporate are not eligible to enter the promotion.
6. There is no entry fee and no purchase necessary to enter this promotion.
7. The promotion commences on Monday 17th August, 2020 at 14:00:00 (AEST) and concludes on Monday 31st August, 2020 at 23:59:59 (AEST) (“Promotional Period”).
8. To enter the promotion and to be eligible to win a prize, Entrants must, during the Promotional Period, locate the post on Instagram (@fujifilmphotosaus) and/or Facebook (https://www.facebook.com/FujifilmPhotosAus/) advertising this Promotion and:
I. Tell us in 25 words or less about a moment or memory you will treasure forever;
II. Make sure you’re following @fujifilmphotosaus on Instagram and/or Facebook; and
III. Tag at least one (1) friend who needs to know about this competition.
9. No responsibility can be accepted for entries not received or received late for whatever reason, which are incomplete or which are indecipherable. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
10. When an Entrant submits any materials as part of the Promotion, including photographs and captions (“Content”), the Entrant, unless the Promoter advises otherwise, licenses and grants the Promoter a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. The Entrant agrees not to assert any moral rights in relation to such use. The Entrant warrants that he or she has the full authority to grant these rights. The Entrant agrees that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter will premoderate all Content and may, in its absolute discretion, post the Content in various media or remove any Content without notice for any reason whatsoever. The Entrant warrants and agrees that:
(a) he or she will not submit any Content that is unlawful or fraudulent, or that is 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) his or her Content shall not contain viruses or cause injury or harm to any person or entity;
(c) he or she will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) he or she will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) he or she consents to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrants that they have the full authority to grant these rights;
(f) his or her Content must not have been used in any other contest or promotion or previously released to the general public;
(g) his or her Content will not depict any dangerous or illegal activity; and
(h) he or she 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.
Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of this paragraph 10.
11. The judging will take place at FUJIFILM Australia Pty Ltd (ABN 80 000 064 433) of Level 2, 54 Waterloo Road, Macquarie Park, NSW 2113 on Tuesday 1 st September, 2020 at 13:00:00 AEST. 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. Each entry will be individually judged based on the creative merit of the comment as detailed in clause 8(I) above.
12. The winner will be notified via Instagram or Facebook Direct Message within two (2) days of the judging.
13. The winner will be sent the prize via email within 28 days.
14. The best valid entry from all entries received on the Instagram and Facebook competition posts, as determined by the judges, will win a $250 gift card to redeem online at https://www.fujifilmphotos.com.au/. The gift card amount can be used towards products and/or delivery charges where applicable in whole or part until the total amount has been redeemed. The gift card is only valid when used with the customer's Fujifilm Photos online account. In the event the winner does not have an existing Fujifilm Photos online account, they will be required to create one in order to redeem the prize.
15. Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
16. If the winner of any prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian.
17. No cash alternative to the prize will be offered. The prize is not transferable. The prize is subject to availability and the Promoter reserves the right to substitute any prize with another of equivalent value and/or specification. The Promoter is not liable for any damage of shipped prizes.
18. 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.
19. This promotion is a game of skill and chance plays no part in determining the winners. All entries will be individually judged on the basis of creative merit and originality of each comment submitted.
20. The Promoter’s decision in respect of all matters to do with the promotion will be final and no correspondence will be entered into.
21. The Promoter reserves the right, at any time, to verify the validity of entries (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any Entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process, or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
22. The Promoter reserves the right, at any time, to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts.
23. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
24. 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 to: (a) disqualify any Entrant; or (b) modify, suspend, terminate or cancel the promotion, as appropriate.
25. Any cost associated with accessing Instagram or Facebook is the Entrant’s responsibility and is dependent on the internet service provider used. The use of any automated entry or any other mechanical or electronic means that allows an individual to automatically enter or vote repeatedly is prohibited and will render all entries/votes submitted by that individual invalid.
26. 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 NonExcludable Guarantees, the Promoter (including its officers, employees and agents) exclude all liability (including negligence), for any personal injury or any other loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of or connected with the promotion.
27. Except for any liability that cannot by law be excluded, 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 other loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of or connected with: (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, prize 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 (f) use of the prize.
29. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Entrants are providing their information to the Promoter and its agents, and not to any other party. 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 Instagram or Instagram and 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. Entrants fully release Instagram and Facebook from all liability arising out of the promotion.