FUJIFILM INSTAX WIN FREE FILM - MONTHLY DATABASE PROMOTION T&Cs

1 SEPTEMBER 2020 – 31 AUGUST 2021
Terms and Conditions

  1. Information on how to enter and the prize(s) 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 1 September 2020 and closes at 11:59pm AEST on 31 August 2021 (“Promotional Period”). Each monthly draw will open on the first day of the month and close at 11.59pm on the last day of the same calendar month.
  5. To be eligible to enter the promotion, individuals must subscribe to the instax marketing database by providing their email address through any of the ‘Subscribe to Emails’ forms on instax.com.au during the Promotional Period.
  6. Only one (1) entry is permitted per email address, per calendar month during the Promotional Period.
  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 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 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 or indecipherable entries will be deemed invalid.
  9. 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.
  10. There will be one (1) draw conducted for each calendar month of Promotional Period, for a total of twelve (12) draws (“Monthly Draws”). Subject to the starting and closing time of the Promotional Period, entries into each Monthly Draw will open and close each month based on NSW local time. Each Monthly Draw will take place at the Promoter’s address at 10:00am AEST/AEDST on the second working day after entries close for that Monthly Draw, with the first Monthly Draw taking place on 2 October 2020 and the last Monthly Draw taking place on 2 September 2021 (“Draw Date”). For the removal of doubt, no draws will be conducted during the weekend or on a public holiday in NSW. Non-winning entries in each Monthly Draw will be entered into any subsequent Monthly Draw(s).
  11. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing via email within two (2) business days of the Draw Date and their names will be published at instax.com.au/winfilm within two weeks of that month’s Draw Date.
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. The first valid entry drawn in each Monthly Draw will will win 100 sheets of instax film in either mini, SQUARE or WIDE format valued at up to $240, depending on the customer’s preference. The winner will be sent their prize within seven (7) business days of their address being confirmed.
  14. If a winner of a 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.
  15. 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 will be forfeited.
  16. Total prize value is up to $2,880.
  17. Prizes are not exchangeable or transferrable and cannot be taken as cash.
  18. A draw for any unclaimed prizes may take place on 16 September 2021 (“Unclaimed Prize Draw Date”) at the same time and place as the original draws, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing via email within two (2) business days of the Unclaimed Prize Draw Date and their names will be published at instax.com.au/winfilm within two weeks of the Unclaimed Prize Draw Date.
  19. 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.
  20. 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. Any cost associated with accessing the Promotion website is the entrant’s responsibility and is dependent on the Internet service provider used.
  21. 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.
  22. 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 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 of a prize.
  23. All entries become the property of the Promoter. 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).
  24. 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).