FUJIFILM INSTAX Pal Launch Promotion

05 October 2023

FUJIFILM instax – Pal Launch Promotion

5 October 2023

Terms and Conditions

  1. Information and instructions on how to enter this promotion to win the prize form part of these Terms and Conditions. By participating in this promotion, the entrant will be deemed to have accepted these Terms and Conditions and agreed to be contractually bound by them.
  2. Promotion is only open to Australian residents. All entrants under the age of 18 must obtain the prior permission of their legal parent or guardian over the age of 18 to enter. The parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
  3. Employees (and their immediate families) of the Promoter and its agencies associated with this promotion 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 1st cousin.
  4. Promotion commences on 5 October 2023 at 7am and closes at 7:00pm ADST. (“Promotional Period”). Any entries outside of these times will not be accepted.
  5. To be eligible to enter the promotion, an eligible individual must complete the following steps during the Promotional Period:
    • Scan the QR code displayed on promo flyers available at activation site and;
    • At the webpage linked, along with their information, describe in 25 words or less ‘the small moments they treasure in their own life’.
  6. Only one (1) entry is permitted per person.
  7. 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 reserves the right, in its sole discretion, to disqualify any individual 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 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.
  8. Incomplete, indecipherable, or illegible entries will be deemed invalid.
  9. The Promoter may reject an entry to the Promotion if it reasonably forms the opinion that it has been submitted using automated means or by use of a competition entry service.
  10. 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.
  11. The judging will occur on 6 October 2023 at L2, 54 Waterloo Road, Macquarie Park NSW 2113. The Promoter will select one (1) winning entry based on the judging criteria below. The Promoter reserves the right to select reserve entries which they determine to be the next best, in the event that the winning entry is invalid or prize is forfeited.
  12. This is a game of skill, chance plays no part in determining winners. Entries will be judged based on originality and creative merit.
  13. The winner will be notified by direct message within two (2) business days of the Promoter’s decision. The Promoter may request personal information from the winner, such as their name, date of birth, postal address, telephone number and email address, for the purpose of identification and to facilitate delivery of the prize.
  14. The two, best valid entries, as determined by the judges, will win 2 x Instax Pal digital cameras, valued at $149.00 RRP each.
  15. Total prize value is $298.00 RRP.
  16. The winner will be required to provide the Promoter with details requested by the Promoter to redeem their prize within seven (7) days from the date of the Promoter’s email notifying them as winner.
  17. After the winner claims their prize, the Promoter will arrange for the winner’s prize to be delivered to them.
  18. If for any reason the winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  19. If the winner declines or forfeits a prize, whether expressly or at the decision of the Promoter in accordance with these Terms and Conditions:
    • The declining or forfeiting winner will continue to be subject to the provisions of these Terms and Conditions; and
    • The Promoter shall offer the prize to a new winner selected by the Promoter which they determine to be the next best based on the criteria of originality and creative merit. The winner of the unclaimed prize draw will be notified by direct message within two (2) business days of the Promoter’s decision.
  20. The Promoter’s decision is final and no correspondence will be entered into.
  21. If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
  22. Prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  23. The winners accept the prize ‘as is’ and acknowledge that the Promoter accepts no responsibility for any tax implications that may arise from their prize winnings. Winners should seek advice from the Australian Tax Office or their own taxation adviser or independent financial adviser.
  24. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings 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. Entrants warrant and agree that:
    • 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;
    • their Content shall not contain viruses or cause injury or harm to any person or entity;
    • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content for use as contemplated by these Terms and Conditions;
    • 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, and the Content does not, and the use of the Content as contemplated by these Terms and Conditions will not, infringe the rights of any third party;
    • 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
    • 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 entrant agrees to indemnify the Promoter for any breach of the above terms.

  25. As a condition of entering the promotion, each entrant grants the Promoter, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose in any media, without compensation, restriction on use, attribution or liability.
  26. Any costs associated with accessing an Instagram account to enter the Promotion is the entrant’s responsibility and is dependent on the Internet service provider used.
  27. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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.
  28. 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.
  29. 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 promotion.
  30. 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 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 the prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a entrant; or (f) use / taking of the prize.
  31. All entries become the property of the Promoter. Entries will not be returned to any entrant. The Promoter requires entrants’ personal information in order to conduct this promotion. If the requested information is not provided, then the entrant cannot participate in the promotion. The Promoter will use and handle the entrants’ personal information as set out in its Privacy Policy (which can be viewed at www.fujifilm.com.au/terms-and-conditions/privacy-policy). In addition to any use that may be outlined in the Promoter’s Privacy Policy, by making an entry, unless otherwise advised by the entrant, each entrant consents to the information they submit with their entry being entered into a database and the Promoter may use this information in any media for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. A request to access, update or correct any information should be directed to the Promoter’s Privacy Officer (Postal Address: PO Box 63 North Ryde BC NSW 1670 - Email: ffau.privacy@fujifilm.com). The Privacy Policy also contains information about how entrants may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion, entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard
  32.  This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. 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. Instagram 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.
  33. The Promoter is FUJIFILM Australia Pty Ltd (ABN 80 000 064 433) of Level 2, 54 Waterloo Road, Macquarie Park, NSW 2113 (Postal Address: PO Box 63 North Ryde BC NSW 1670) (“Promoter”). Any queries in relation to this promotion other than privacy queries should be directed to the Promoter (email: ffau.instax@fujifilm.com).