1. Instructions on how to participate in this “X-Thusiasts Program” (“Program”) form part of these Terms and Conditions. Participation in this Program is deemed acceptance of these Terms and Conditions.
2. The promoter of this Program is FUJIFILM Australia Pty Ltd (ABN 80 000 064 433) of 114 Old Pittwater Road, Brookvale, NSW 2100 (“Promoter”).
3. Subject to clause 4, participation in this Program is open to Australian residents aged 18 years or over (“Participants”).
4. Employees (and their immediate families) of the Promoter and agencies associated with this Program are ineligible to participate. 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.
5. The Program commences on 9 March 2015 and will continue until such time as the Program is terminated by the Promoter. The Promoter will provide a minimum of two (2) weeks’ notice to all Participants prior to the Program ending, via an announcement at http://offers.fujifilm.com.au/x-thusiasts (“Website).
6. The laws of Australia apply to this Program to the exclusion of any other law. Participants submit to the exclusive jurisdiction of the courts of Australia.
7. To participate in the Program, Participants must visit the Website and follow the prompts to provide the requested details for verification, as well as the photographs they wish to submit.
8. Participants may upload a maximum of six (6) photographs per month whilst the Program is in operation.
9. All submitted photos will be displayed on the Website’s gallery following review and verification by the Promoter for suitability of inclusion in the Program.
10. Each month the Promoter will individually judge the photos submitted in that month based on originality and artistic merit and select the best photograph for display on the Promoter’s Facebook page.
11. The Promoter may also select photos submitted for use in further promotional materials including but not limited to a quarterly e-book publication, subject to the licence set out below.
12. Participants agree that they are fully responsible for any materials they submit via the Program including but not limited to comments and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Participants 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) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is either their original work or they 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 prior to submitting the Content, and the Content does not infringe the rights of any third party;
(e) they consent 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 warrant that they have the full authority to grant these rights; and
(f) 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.
Without limiting any other terms herein, the Participant agrees to indemnify the Promoter for any breach of the above terms.
13. As a condition of participating in this Program, each Participant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display any Content they submit for any of the following promotional or marketing purposes in any of the following media operated by the Promoter without compensation, restriction on use, attribution or liability:
(a) the Promoter's branded camera social media accounts;
(b) www.fujifilm.com.au galleries and pages promoting or supporting the X-Thusiasts Program;
(c) digital PDF documents, such as eBooks, on www.fujifilm.com.au;
(d) email and email marketing to the Promoter’s contact list;
(e) blog posts on www.fujfilm.com.au; and
(f) online advertisements promoting the X-Thusiasts Program.
14. By participating in the Program, Participants also consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) for an unlimited period without remuneration for the purpose of promoting this Program (including any outcomes), and promoting any products manufactured, distributed and/or supplied by the Promoter, as outlined in clause 13.
15. The Promoter reserves the right, at any time, to verify the validity of Participants (including their identity, age, place of residence and employment) and reserves the right, in its sole discretion, to disqualify any Participant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the Program or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Program. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
16. If there is a dispute as to the identity of any Participant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Participant.
17. Incomplete or indecipherable submissions will be deemed invalid.
19. These Terms and Conditions may be changed, amended or varied at any time for any reason by the Promoter in its absolute discretion. Any updated version of the Terms and Conditions will be posted on the Website. All changes are effective from the date of posting of the revised Terms and Conditions. The Promoter recommends that all Participants re-visit the Website from time to time to read the Terms and Conditions.
20. The Promoter’s decision in relation to all matters arising under this Program is final and binding. No correspondence will be entered into.
21. Each Participant agrees that, unless otherwise indicated and with the exception of Content submitted by Participants, all copyright in the information and materials contained on the Website (including but not limited to any text, images, audio, or video), together with any trade mark/s, logo/s and/or any other material in which intellectual property right/s are capable of subsisting, as featured herein, is owned by the Promoter, or otherwise reproduced by the Promoter with the permission from the relevant owner/licensee, as the case may be.
22. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Program.
23. If this Program 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 disqualify any Participant and/or to modify, suspend, terminate or cancel the Program.
24. To the extent permitted by law, the Promoter may also, in its absolute discretion, at any time:
(a) terminate the Program;
(b) exclude a Participant from participating in the Program; and/or
(c) remove a Participant’s Content from display; without prior notice (other than as stated in these Terms and Conditions) to a Participant and without liability.
25. 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 States 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 Program.
26. 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 (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: (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 submission or Content that is 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; or (d) use of the Website.
27. To the extent permitted by law, the Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site or intranet site, or any combination thereof, including (but not limited to) any injury or damage to Participant’s or any other person’s computer related to or resulting from participation in or downloading any materials in this Program.
28. Any cost associated with accessing the Program website is the Participant’s responsibility and is dependent on the Internet service provider used.
29. Each Participant indemnifies the Promoter (including its respective officers, employees and agents) from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of the Participant using the Website and/or participating in the Program.