Canon Australia – Creativity is Calling Photo Marathon 2023 (Competition)

TERMS AND CONDITIONS

1. Participation in this Creativity is Calling Photo Marathon (Competition) is deemed acceptance of these Terms. Information and instructions on how to participate form part of these Terms.

2. This Competition starts at 7:00pm AEST on 27 October 2023 and ends at 9:00pm AEST on 30 October 2023 (Competition Period).

Eligible Participants
3. The Competition is only open to individual Australian residents aged 18 and above who are members of the official Canon Collective Facebook Group (Facebook Group) and are not employees (or their immediate family members) of Canon or its related bodies corporate. (Participants)

How to Enter
4. At 7:00pm AEST on 27 October 2023, the following 18 Briefs will be announced on the Canon Collective Facebook Group:

 a) Something New
 b) Hot and Cold
 c) The Colour Blue
 d) A Piece of Furniture
 e) Team Work
 f) Open Brief
(Mandatory Briefs)

 a) Old School
 b) Road to Nowhere
 c) Shadow Play
 d) Perfect Match
 e) Locked Out
 f) Look into the Light
 g) Arty Vibe
 h) Paper Trail
 i) Chain Reaction
 j) Book Worm
 k) My Reflection
 l) When Opposites Attract
(Additional Briefs)

(referred to collectively as the Briefs)

5. To enter this Competition (Entry), Participants must submit 12 images to the Facebook Group during the Competition Period. Each Entry must include;
 a) 6 images that meet the Mandatory Briefs; and
 b) 6 images that meet any of the Additional Briefs.

6. Entries can only have one image per Brief.

7. All images in an Entry must be taken by the Participant during the Competition Period. Images created prior to the Competition Period are not allowed, and the Promoter reserves the right to ask Participants for a copy of the original file.

8. Entries must be submitted as a comment on the post announcing the Competition in the Facebook Group.

9. If any Entry contains a person, people (including any talent) or third party and a legal release is required so that Promoter can use the image in the manner disclosed within these Terms & Conditions without any liability or cost to Promoter. Participants must obtain and keep a properly executed release signed by the relevant person (or people). Participants will provide such releases to Promoter on request.

10. By submitting an Entry, Participants will retain any copyright they own. The Participants grant the Promoter a perpetual, irrevocable, non-transferrable, non-exclusive licence to use their submissions to this Competition for internal use and for promotion via Canon Australia’s social media accounts and website. If the Promoter wishes to use a Participant’s Entry, the Promoter agrees to attribute the Participant by Facebook username. Participants agree that this is sufficient attribution.

Moderation
11. 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, Tik Tok or Facebook.

12. Entries must be of an acceptable resolution and picture quality, as determined by the Promoter in its absolute discretion. Participants are required to retain and provide to the Promoter, where requested, a copy of any Entries submitted in the highest resolution possible.

Judging
13. This Competition is a game of skill and will be judged by the administrators of the Facebook Group.

14. Each Entry will be individually judged based on artistic and creative merit, and on how well each Entry fits the Briefs.

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

16. 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
17. There are 13 Prizes to be won. They are:

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

Claiming the Prize
19. 13 winning Entries (Winners) will be announced on the Facebook Group on 8 November 2023. Winners must contact Promoter via stories@canon.com.au with their full name, phone number and postal address in order to claim their Prize.

20. If any Winners do not claim their Prize by 22 November 2023, 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.

21. 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.

22. It is a condition of claiming a Prize that the Winner will, if requested by the Promoter, sign a legal release in a form determined by the Promoter.

Participant’s Warranties and Indemnity
23. 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. 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.

24. Each Participant agrees to indemnify the Promoter against all costs and claims in connection with a failure by them to comply with these Terms.

25. 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.

26. This Competition is in no way endorsed, sponsored or affiliated with Facebook. Each Participant agrees to indemnify Facebook 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.

27. By accepting these Terms, the Participants confirms they have reviewed and accepted the Terms and Conditions and Policies of Facebook.

Conditions that may Invalidate Entries, Participants or the Competition
28. 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.

29. 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.

30. 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.

31. 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
32. 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.

33. 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).

Copyright
34. In addition to any rights that may be granted by an Participant in accordance with the terms and conditions of Instagram, by submitting an Entry, Participants grant the Promoter permission to repost any of their Entries (including Instagram or TikTok username/handle) on Instagram, Facebook and/or TikTok. The Promoter agrees to attribute the Participants by their Instagram username.

Liability
35. 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).

36. 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 (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; (e) any tax liability incurred by a Participant; or (f) use of the Prize.

General
37. These Terms and Conditions may change and the Promoter will inform Participants of any changes as soon as reasonably possible.

38. 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.

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

40. 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.

41. 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.

42. 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).