Canon Australia – 12 Days of Christmas Social Competition

TERMS AND CONDITIONS

1. Participation in this 12 Days of Christmas Competition (Competition) is deemed acceptance of these Terms. Information and instructions on how to participate form part of these Terms.

2. This Competition starts at 6:00pm AEST on 4 December 2023 and ends at 9:00pm AEST on 16 December 2023 (Competition Period).

Eligible Participants
3. The Competition is only open to individual Australian residents aged 18 and above who are not employees (or their immediate family members) of Canon or its related bodies corporate and have an Instagram account (Participants).

How to Enter
4. At 6:00pm AEST each day from 4 December 2023 to 15 December 2023, @canonaustralia will publish an Instagram post that contains a Brief. The Briefs for each day are:

(each a Brief and collectively Briefs)

5. To enter this Competition (Entry), Participants must, during the Competition Period;
a) follow, or already be following, the @canonaustralia Instagram account;
b) post an image or video (as applicable) on their public Instagram profile that meets a Brief; and
c) tag @canonaustralia and #CanonChristmasDay1 (using the day that corresponds with the Brief met).

6. Participants are allowed one Entry per Brief.

7. Entries can be posted at any time during the Competition Period. For example, an Entry which meets the Day 5 Brief can be validly posted on Day 7.

Moderation
8. Entries are subject to moderation. The Promoter reserves the right (in its sole discretion) to take down and exclude from the judging any Entry which the Promoter considers breaches Canon Australia’s Community Guidelines on Instagram.

Judging
9. This Competition is a game of skill and will be judged by the Promoter. The Promoter will award the prizes listed in clause 14 to 12 winning Entries (Winners). A Winner will be selected for each Brief.

10. Each Entry will be individually judged based on creative merit, and on how well each Entry fits the Brief.

11. The judges’ decision is final and no correspondence will be entered into.

12. No responsibility is accepted for any Entry that is late, lost or misdirected or if the Winner does not claim their Prize in accordance with these terms.

Prizes
13. The Winner of each Brief will receive the following prize (Prize);

14. Promoter has the right to replace all or part of the Prize with another item of similar value in their absolute discretion if for any reason a Prize is not available.

Claiming the Prize
15. The Winners will be announced on @canonaustralia’s Instagram story on 20 December 2023 including their username and name. The Promoter will contact the Winners via Instagram message requesting their full name, phone number and postal address in order to claim their Prize.

16. If a Winner does not claim their Prize by 3 January 2024, or cannot provide suitable proof as to eligibility or compliance with these Terms, they will forfeit the Prize in its entirety and the Promoter will choose an alternate winner from the rest of the Entries at their sole discretion.

17. The Prize or any unused portion of a Prize is not exchangeable or transferrable. The Promoter will not compensate any Participant in any way for Prizes that have not been claimed within the time limits.

Participant’s Warranties and Indemnity
18. Each Participant warrants to the Promoter that:
a. their submissions are their own original videos or images that do not infringe on any copyright or privacy laws, or rights of any third party; including but not limited to, copyright, trademarks, trade secrets, privacy, publicity, personal, confidentiality or proprietary rights;
b. their Entry has not been submitted for any other competition, promotions or any other commercial use;
c. they have complied with the Entry requirements;
d. no Entry submitted by them will contain viruses or cause injury or harm to any person or entity; and
e. in relation to their Entry they have and 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.

19. Each Participant agrees to indemnify the Promoter against any third party claims against the Promoter in connection with a failure by them to comply with these Terms.

20. Each Participant agrees that they are fully responsible for each Entry they submit, and is fully responsible for any equipment, materials, licences, or other costs required for or associated with each such Entry. To the fullest extent permitted by law, the Promoter excludes any liability, or any costs borne by the Participant in submitting their Entry.

21. This Competition is in no way endorsed, sponsored or affiliated with Instagram. Each Participant agrees to indemnify Instagram against all costs and claims arising in connection with a failure by them to comply with these Terms, or otherwise arising in connection with this Competition.

Conditions that may Invalidate Entries, Participants or the Competition
22. The Promoter reserves the right to reject, disqualify, remove, or moderate any Entry that it determines, in its sole discretion, does not fit the criteria set out in these Terms.

23. If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated by 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 Participant; or (b) to modify, suspend, terminate or cancel the Competition as appropriate.

24. The Promoter reserves the right to disqualify any Participant it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Terms.

25. 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.

Privacy
26. The Promoter collects personal information in order to conduct this Competition. The Promoter may, for the purpose of conducting this Competition, disclose such information to third parties, including agents, contractors, service providers, suppliers and, as required, to regulatory agencies. Participation is conditional on providing this information.

27. Information about Participants may be published as set out in these Terms and Conditions. Personal information collected by the Promoter will be managed in accordance with its Privacy Policy (www.canon.com.au/Privacy-Policy).

Liability
28. Nothing in these Terms limits, excludes or modifies or purports to limit, exclude, or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).

29. 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 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 this Competition including (but not limited to) 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 due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a Participant; or (e) use of the Prize.

General
30. The Promoter will use reasonable efforts to ensure that the timeframes specified in these Terms are met but Participants accept that time frames may vary due to circumstances outside the Promoter’s reasonable control, including but not limited to postal delays or delays in bank processing.

31. All money amounts in these Terms are in Australian Dollars inclusive of GST.

32. If any provision of these Terms is unenforceable for any reason, such provision shall be severed from these Terms and the remaining Terms will remain in full force and effect.

33. These Terms are governed by the laws in New South Wales. All Participants submit to the non-exclusive jurisdiction of the Courts of New South Wales.

34. The Promoter is Canon Australia Pty Ltd of Building A, The Park Estate, 5 Talavera Road Macquarie Park NSW 2113 (ABN 66 005 002 951) Ph: 13 13 83 (Promoter).