6 DECEMBER 2021 – 16 JANUARY 2022
Terms and Conditions:
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. 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”).
3. Subject to clauses 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 a 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. 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.
6. There is no entry fee and no purchase necessary to enter this promotion.
How to Enter:
7. The promotion commences on Monday 6 December 2021 at 09:00 (AEDST) and concludes on Sunday 16 January 2022 at 23:59 (AEDST) (“Promotional Period”).
8. To enter the promotion and to be eligible to win a prize, Entrants must, during the Promotional Period, complete the online form at the instax competition page URL: https://www.instax.com.au/pages/win-an-expression-session-with-instax-mini-evo and complete the following:
I. Input the requested details including their full name, valid email address and mobile number;
II. In twenty-five (25) words or less, answer the question: “Tell us in 25 words or less how you express yourself”;
III. Choose which Self Expression Session prize they would like to win; and then
IV. Submit the fully completed entry form.
9. The Promoter accepts no responsibility for entries not received or received late for whatever reason.
10. Incomplete or indecipherable entries will be deemed invalid.
11. Only one (1) entry is permitted per person.
12. When an Entrant submits any materials as part of the Promotion, including but not limited to comments, recordings and images (“Content”), the Entrant, unless the Promoter advises otherwise, 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 their entry (which shall include 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 pre-moderate 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:
• they 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 13, or otherwise unsuitable for publication;
• their Content shall not contain viruses or cause injury or harm to any person or entity;
• their Content must not have been used in any other contest or promotion or previously released to the general public;
• 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 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;
• their Content will not depict any dangerous or illegal activity; 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 indemnifies the Promoter for any breach of this clause 12.
Winners and Prizes:
13. Entries will be divided into the following prize groups, based on the prize preference that Entrants submitted in their entry form: Travel; Food; and Fashion. 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 Thursday 20 January 2022 at 11:00 (AEDST). 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 and originality of the comment. The winners will be notified via email.
14. The best valid entry, as determined by the judges, for the Travel group will win a $1,000 Luxury Escapes gift card.
15. The best valid entry, as determined by the judges, for the Food group will win a $1,000 Gourmet Traveller gift card.
16. The best valid entry, as determined by the judges, for the Fashion group will win a $1,000 Westfield gift card;
17. The total prize pool value is SRP $3,000.00.
18. If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian.
19. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and the Promoter reserves the right to substitute any prize with another of equivalent value and/or specification.
20. Any ancillary costs associated with redeeming a gift card is not included. Any unused balance of the gift card will not be awarded as cash. Redemption of a gift card is subject to any terms and conditions of the issuer including those specified on the gift card itself. Once the gift card expires any remaining balance will be forfeited.
21. If for any reason a winner does not take or claim a prize by the time stipulated by the Promoter, then the prize will be forfeited.
22. 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.
23. This promotion is a game of skill and chance plays no part in determining the winner. All entries will be individually judged on the basis of creative merit and originality of each comment submitted.
24. The Promoter’s decision in respect of all matters to do with the promotion is final and no correspondence will be entered into.
25. 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.
26. 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.
27. Any cost associated with accessing the promotional website is the Entrant's responsibility and is dependent on the Internet service provider used.
28. 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.
29. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
30. 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.
31. Any cost associated with accessing Instagram 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 repeatedly is prohibited and will render all entries submitted by that individual invalid.
32. 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 officers, employees and agents) 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 the promotion.
33. 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 Entrant; or (f) the use of a prize.