http://www.postcodeportraits.com.au/
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"POSTCODE PORTRAITS" PROMOTION
TERMS AND CONDITIONS1. 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.
Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, 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. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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.
3. Promotion commences on 06/01/2014
and final entries close at 11.59pm AEDST on 28/02/2014 (Promotional Period). ENTRY
4.
To be eligible to enter, eligible individuals must take an original photograph of their favourite neighbourhood in Australia (“Photograph”). For the avoidance of doubt, the Photograph can be a photograph that was taken before the start of the Promotional Period or during the Promotional Period and does not have to be the neighbourhood in which the eligible individual resides. 5.
To enter, eligible individuals must then complete the following steps during the Promotional Period:
a) visit www.postcodeportraits.com.au (“Promotional Website”), follow the prompts to the promotion entry page;
b) upload their Photograph;
c) input the requested details as prompted including:
I. full name, email address, postcode and Australian State/Territory of where the Photograph was taken; and
d) provide a supporting one hundred (100) word or less description of their Photograph, and submit the fully completed online entry form. For the sake of clarity, inputting an accompanying description of the Photograph is optional and will not have any bearing upon the judges’ final decision.
Uploaded Photographs must be submitted in .jpg format and must not exceed eight (
MB file size.6.
Multiple Photographs permitted, subject to the following: (a) each Photograph must be substantially unique; (b) each Photograph must be submitted separately and in accordance with the requirements outlined in clauses 4 and 5 above. 7. Incomplete, indecipherable or illegible entries will be deemed invalid.
8. Subject to review and approval by the Promoter, Photographs will be displayed on the Promotional Website during the Promotional Period for the purposes of public viewing only. All entries are subject to review by the Promoter for compliance with these Terms and Conditions (prior to and after being uploaded). Photographs that do not comply with these Terms and Conditions or that otherwise contain prohibited, or inappropriate content, as determined by the Promoter, will be disqualified, removed from the Promotional Website without notice and will not be considered eligible. The Promoter reserves the right in its absolute discretion to automatically remove any Photographs that contain dangerous, obscene, offensive, provocative or inappropriate content, or which infringe upon the rights of any third party, in the reasonable opinion of the Promoter.
DAILY ROUNDS
9.
There will be fifty four (54) daily rounds (“Daily Rounds”) for this promotion. Entries close for each Daily Round at 11.59pm AEDST each day of the Promotional Period and entries open for the next Daily Round as soon as entries for the previous Daily Round close. Non-winning Photographs in each Daily Round will not roll-over into subsequent Daily Rounds however all Photographs (including winners and non-winners of a Daily Prize) will be entered into the Major Prize Round (as defined below). 10. For the purposes of determining the Daily Round winners (“Daily Round Winners”), the judges will individually judge each Photograph received in each Daily Round based on creativity and originality. The best two (2) valid entries in each Daily Round, as determined by the judges, will each win a $200 VISA Gift Card (“Daily Round Prize”).
MAJOR PRIZE ROUND
11. At the conclusion of the Promotional Period, all Photographs received will be split into the following State/Territory groups: NSW; ACT; VIC; SA; QLD; WA; TAS; and NT (depending on the location of the neighbourhood in the photograph) and will be placed into the Major Prize Round (“Major Prize Round”). The best valid entry, in each State/Territory group, as judged by a panel appointed by the Promoter, will each win a $1,000 VISA Gift Card (“Major Prize”).
GENERAL
12. Any ancillary costs associated with redeeming a VISA Gift Card are not included. Any unused balance of a VISA Gift Card will not be awarded as cash. Redemption of a VISA Gift Card is subject to any terms and conditions of the issuer including those specified on the VISA Gift Card. For full terms and conditions of a VISA Gift Card, see
http://visa.com.au/personal/index.shtml 13. This promotion is a game of skill and chance plays no part in determining the winners. All winners will be notified in writing by email and/or telephone. Maximum one (1) Daily Round Prize permitted per entrant. The Promoter’s decision in relation to all aspects of this promotion is final and no correspondence will be entered into.
14. By submitting/uploading a Photograph, entrants acknowledge and warrant to the Promoter that each Photograph is an original work of the entrant that does not infringe the rights of any third party. Each Photograph must comply with these Terms and Conditions. Photographs that contain prohibited or inappropriate content, or that are otherwise in breach of these Terms and Conditions, as determined by the Promoter, will be deemed invalid and any entrant that submits such a Photograph will not be eligible to win a prize. All Photographs submitted are subject to clauses 21 and 22.
15. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
16. 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.
17. Total prize pool value is $29,600. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
18. If any winner 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.
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. If any 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.
21. When an entrant submits/uploads any material in connection with the promotion, including a Photograph (“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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
22. Entrants agree 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. Entrants warrant and agree that: (a) 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; (b) they will obtain prior consent from any person that appears in their Content and/or from the owner(s) of any property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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.
Entrants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of any warranty provided by them in these Terms and Conditions.
23. Entrants consent to the Promoter using the entrant's 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. Any cost associated with accessing the Promotional Website is the entrant’s responsibility and is dependent on the Internet service provider used.
26. 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 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.
27. 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 Photograph 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) use of a prize.
28. As a condition of accepting a prize, the winners (or their parent/guardian in the event they are under the age of 18 years) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
29. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
30. The Promoter is realestate.com.au Pty Limited (ABN 21 080 195 535), of 678 Victoria Street, Richmond VIC 3121.
Australian Competitions Club
