FUJIFILM - instax WIDE Evo Social Promotion

21 February 2025 – 5 March 2025

Terms and Conditions

1. Information and instructions on how to enter and 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. The 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 21 February 2025 and closes at 11:59pm AEDT on 5 March 2025 (“Promotional Period”). Any entries received outside of these dates/times will not be accepted.
5. To enter the promotion, an eligible individual must complete the following steps during the Promotional Period:
   1. Follow @fujiinstaxaus on Instagram (if not already doing so);
   2. Submit a photo capturing iconic Australian places, objects or moments by sending it as a direct message (DM) to the @fujiinstaxaus instagram account; and
   3. Tag a friend's social media account in @fujiinstaxaus instagram post on 21/02/2025

Instagram profiles must be set to public to allow the Promoter to contact the entrant in the event they are deemed a winner.

6. 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.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Multiple entries are 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.
9. Only one (1) prize is permitted per person.
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 take place at Fujifilm Australia, Level 2, 54 Waterloo Road, Macquarie Park, NSW - 2113 on 6 March 2025 at 3 PM. 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. Winners will be notified by direct message on Instagram within two (2) business days of the judging. Winners will be published on Fujifilm’s Instagram @fujiinstaxaus on 7 March 2025.
12. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on creative merit of the photo posted on Instagram and how it captures iconic Australiana.
13. The first three (3) best valid entries, as determined by judges, will each win a WIDE Evo Camera valued at AU$599.
14. Total prize pool value is AU$1,797.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. 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.
17. The prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
18. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
19. If for any reason a winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited.
20. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, tags, 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:
    1. 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;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. 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;
    4. 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;
    5. 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
    6. 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.

21. 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.
22. 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.
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: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
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 promotion.
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 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.
27. 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 and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. 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.
28. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Terms of Use, which can be found at http://instagram.com/about/legal/terms.
29. 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.
30. 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: instax@fujifilm.com).