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Title: Aust Year of the Farmer Photography Comp/Win Photo Equip & Vouchers Mthly Post by: oldfellow on Monday 20 February 2012, 06:14:17 am http://photocompetition.yearofthefarmer.com.au/competitions/entercompetition
Australian Year of the Farmer Photography Competition Held in conjunction with Fairfax Media and Elders, this competition celebrates and enriches the connection between rural and urban Australia. The competition ends 6pm (AEST) 30/9/12 and is open to Australian residents. Under 18’s must have parent/guardian consent. Max 1 entry per person per day. Major National Prize and overall Winner • $10,000 worth of photographic equipment Monthly Prizes • A voucher for $500 worth of photographic equipment for the best entry across all categories/States and Territories • Each month we’ll be awarding up to 48 $50 vouchers supplied by Cellarmaster Wines and WISH amongst others- that’s one for each of the 6 categories in each State/Territory and a total of 432 prizes over the 9 months. Having trouble entering these details? * Indicates required information Make sure the photo is in web-standard JPG format Make sure photo is less than 4MB in file size Click here for more help. ABBREVIATED CONDITIONS OF ENTRY Starts 10am (AEDT) 1/1/12 & ends 6pm (AEST) 30/9/12. Open to Aust residents. Under 18’s must have parent/guardian consent. Max 1 entry per person per day. By entering, entrants: (1) warrant to Promoter that their entry is original, that they own content in their entry & that they have authority & all permissions necessary to submit their entry; (2) absolutely & unconditionally assign to Promoter all right, title & interest in all intellectual property rights in their entry & acknowledge that as a consequence Promoter may publish, modify and/or sell their entry in whole or part in any form worldwide in perpetuity without further notification, remuneration or compensation; & (3) agree that Promoter may collect their personal info to enable it to provide them with marketing materials by mail, tel & electronic msgs & may share info with its Aust related companies & promotional partners who may also contact entrants in this way. Promoter: Australian Year of the Farmer Limited (81 135 673 504) of 179 Heritage Dr, Moonee Beach NSW 2450. Full Terms FAIRFAX ELDERS PHOTOGRAPHY COMPETITION 2012 CONDITIONS OF ENTRY 1. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only. WHO IS ELIGIBLE TO ENTER 2. Entry is only open to residents of Australia (Entrants). The Judging Panel (and their immediate families) and the directors, management and employees (and their immediate families) of the Promoter, Elders Limited and Fairfax Media Limited and each of their related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. 3. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide personal information about themselves. All entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If any prize winner is aged under 18 years, the prize will be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner, at the discretion of the Promoter. PROMOTIONAL PERIOD 4. The promotion commences at 10:00am (AEDT) on 1/1/2012 and ends at 6:00pm (AEST) on 30/9/2012 (Promotional Period). HOW TO ENTER 5. To enter the promotion, Entrants must, during the Promotional Period: a. log onto www.yearofthefarmer.com.au (Promotional Website), access the „Photo Competition‟ tab and follow the prompts in the manner required to enter the „Fairfax Elders Photo Competition‟, where the Entrant will be directed to the promotion page; b. fully and correctly complete registration in the manner required to enable the Entrant to upload a photograph (Photograph). In order to complete registration, Entrants must provide their full name, age, residential address, current and valid email address, and contact telephone number or mobile telephone number (if applicable); c. upload the Photograph (together with the Entrant‟s name and a caption of three (3) words or less (if any)) on the Promotional Website in the manner required and in accordance with the technical requirements listed below and on the Promotional Website: i. applicable to one (1) of the following categories listed below and as described further on the Promotional Website (each, a Category): 1. Farming people at work and play 2. Farm animals 2 3. The things we grow and process 4. Farming landscapes 5. Country City links 6. Fun and funky in the country ii. of less than four (4) MB in size; iii. in .jpeg format; iv. an image that is not edited or photoshopped; and d. have their Photograph accepted as a valid entry to be publicly posted on the Promotional Website. An entry is not complete and accepted until this step has occurred, (together, an Entry). 6. Once an Entry has been accepted by the Promoter as a valid Entry, the Entry will be featured on the Promotional Website for public viewing for the duration of the Promotional Period and will be subject to a judging process. The decision by the Promoter to accept or reject an Entry is in the Promoter‟s sole discretion and no correspondence will be entered into. Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter). 7. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that any Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, other third party materials, copyrighted material, material the subject of a patent or patent application, or mark that identifies a brand, unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of this promotion and/or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion. This includes, but is not limited to, any Entry which the Promoter considers to be disparaging to its or any promotional partner‟s products and/or services. 8. An Entry may only be submitted once (1) and under one (1) Category only. The Promoter reserves the right in its sole discretion to transfer the Entry between Categories. Limit of one (1) Entry per person per calendar day (with the exception of Resubmitted Entries, as defined in below) and each Entry must independently comply with these Conditions of Entry. 9. An Entrant may, during the Promotional Period, be requested by the Promoter to resubmit their Entry via the Promotional Website if the Promoter considers the Entry submitted to be ineligible to be accepted as a valid Entry (Resubmitted Entry). The decision by the Promoter to request a Resubmitted Entry, or to accept or reject a Resubmitted Entry as a valid Entry, is in the Promoter‟s sole discretion and no correspondence will be entered into. If a Resubmitted Entry is accepted by the Promoter, in its sole discretion, as a valid Entry, the Resubmitted Entry will be deemed to be the Entry for the Entrant for the remainder of the promotion. If a Resubmitted Entry is rejected by the Promoter as a valid Entry, or is not received by the Promoter by 6:00pm (AEST) on 30/9/2012, the Entrant will not have gained an Entry into the promotion. 3 10. Entries must be submitted in the manner required and received by the Promoter during the Promotional Period. Entries and Resubmitted Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Entries and Resubmitted Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries or Resubmitted Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries or Resubmitted Entries. 11. Costs associated with accessing the Promotional Website remain an Entrant‟s responsibility and may vary depending on the Internet service provider used. Contact details entered incorrectly on the Promotional Website by an Entrant will deem an Entry invalid. JUDGING PROCESS 12. All valid Entries will be judged by a panel of appropriately qualified judges (Judging Panel) on the dates determined by the Promoter in its sole discretion. All eligible Entries will be judged on a basis of originality and creative merit (Judging Criteria). This is a game of skill and chance plays no part in determining the winners. Winners will be notified in writing. All reasonable steps to notify the winners at each respective judging will be taken by the Promoter. The Judging Panel‟s decision is final and no correspondence will be entered into. 13. Monthly Winners: All valid Entries received by the Promoter during each calendar month of the Promotional Period (each, a Month) will be judged by members of the Judging Panel within fourteen (14) days of the end of that Month. The Entry judged to be the best Entry across all Categories for any one (1) Month will be deemed to be the winner for that Month (Monthly Winner). For the avoidance of doubt, Entries received during a given Month are only eligible for that Month‟s judging and will not be considered in any subsequent judging. All Monthly Winners will progress to the Major Winner judging as set out in Condition 15. 14. Monthly Support Winners: All valid Entries received by the Promoter in each Category during each Month will be divided into separate groups according to the Entrants‟ State/Territory of residence (each, a State Group). These Entries will be judged by members of the Judging Panel within fourteen (14) days of the end of the respective Month. The Entry judged to be the best Entry from each State Group will be deemed to be the winner from that State Group for that Category in that Month (Monthly Support Winner). Monthly Winners are ineligible to be judged a Monthly Support Winner. All Monthly Support Winners will progress to the Major Winner judging as set out in Condition 15. 15. Major Winner: All Monthly Winner Entries and Monthly Support Winner Entries will be judged by members of the Judging Panel by 31/10/2012. The Entry judged to be the best from all Monthly Winner Entries and Monthly Support Winner Entries will be deemed the Major Prize winner (Major Winner). 16. Monthly Winners and Monthly Support Winners must, in the timeframe required by the Promoter in its sole discretion, provide all details requested by the Promoter to verify their Entry, otherwise they will be ineligible to be deemed a Monthly Winner or Monthly Support Winner (as applicable) and proceed to the Major Winner judging. In the event a Monthly Winner or Monthly Support Winner cannot be successfully notified by the Promoter within fourteen (14) days of the respective judging, or if a Monthly Winner or Monthly Support Winner is unable to provide all details requested by the Promoter to its satisfaction in the manner and timeframe required or is otherwise deemed ineligible to participate in the promotion, the Promoter reserves the right to select a replacement Entrant judged to have submitted the next best Entry to become a Monthly Winner or Monthly Support Winner (as applicable) in place of the original Entrant. 17. As a condition of entering this promotion, an Entrant consents to the Promoter using (and assigning others the right to use) the Entrant‟s Entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of 4 time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), promoting any products or services manufactured, distributed and/or supplied by the Promoter and its promotional partners and/or promoting the Promoter and its promotional partners generally. The Entrant agrees that, in the event they are a Monthly Winner, Monthly Support Winner and/or the Major Winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents. 18. It is a condition of being declared a Monthly Winner, Monthly Support Winner and/or the Major Winner and accepting a prize, that a Monthly Winner, Monthly Support Winner and/or Major Winner (as applicable) may be required to sign a legal release, deed and/or agreement in a form determined by the Promoter in its absolute discretion prior to acceptance of the prize. Where a Monthly Winner, Monthly Support Winner and/or Major Winner is unable to enter into all legal releases, deeds and/or agreements (as applicable) as required by the Promoter in its absolute discretion, the Promoter reserves the right to choose a replacement Monthly Winner, Monthly Support Winner and/or Major Winner judged to have submitted the next best Entry in place of the original Entrant (as applicable). 19. The Promoter reserves the right to revise the promotional close date and any winner judging dates as may be reasonably required by the Promoter from time to time. Any revised dates will be published on the Promotional Website. PRIZES 20. Monthly Winner Prizes: Each Monthly Winner will be awarded one (1) $500.00 voucher valid for selected photographic equipment at a selected retailer as determined by the Promoter in its sole discretion (Monthly Winner Prize). Total of up to nine (9) Monthly Winner Prizes will be awarded in this promotion. 21. Monthly Support Prizes: Each Monthly Support Winner aged 18 years or older will be awarded one (1) $50.00 Cellarmasters voucher valid for any case purchase with a minimum spend of $120.00 (Monthly Support Prize). This minimum spend requirement does not include the cost of postage and packing, which remain the responsibility of the Monthly Support Winner. If the Monthly Support Winner is aged under 18 years, one (1) $50.00 voucher valid for selected age suitable product(s) at a selected retailer as determined by the Promoter in its sole discretion, will be awarded in lieu (also, Monthly Support Prize). Total of up to forty-eight (48) Monthly Support Prizes awarded each Month and up to four hundred and thirty-two (432) Monthly Support Prizes awarded in this promotion. 22. Major Winner Prize: The Major Winner will be awarded one (1) $10,000.00 voucher valid for selected photographic equipment at a selected retailer as determined by the Promoter in its sole discretion (Major Winner Prize). 23. All prizes are subject to the voucher‟s prevailing terms and conditions of use, including expiration dates, and are not replaceable if lost, stolen or damaged. 24. Total maximum prize pool is $36,100.00. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). A prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST. CONTENT OBLIGATIONS 5 25. Any Entries that contain content that the Promoter, in its sole discretion, considers to be one (1) or more of the following content types will not be accepted as eligible Entries into the promotion: a. content that does not strictly comply with the Entry requirements as set out in these Conditions of Entry and on the Promotional Website; b. content that contains, depicts, alludes to or promotes offensive, lewd or illegal behaviour or any swearing, alcohol or smoking; c. content that parodies, disparages or makes fun of in any way the Promoter or any promotional partners; d. content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; e. content that harasses or advocates harassment of another person; f. content that exploits people in a sexual or violent manner; g. content that contains nudity, violence, or offensive subject matter or contains a link to an adult website; h. content that solicits personal information from anyone; i. content that provides any telephone numbers, street addresses, last names, URLs or email addresses; j. content that promotes information that an Entrant knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; k. content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; l. content that involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, instant messaging or "spamming"; m. content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; n. content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users; o. content that involves commercial activities and/or sales without the Promoter‟s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; p. content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; q. content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes; r. content that includes an image or reference to another person that you have submitted without that person's consent; or s. content that uses sexually suggestive imagery or any unfair, misleading or deceptive content. 26. By entering this promotion, an Entrant warrants to the Promoter: a. that the Entry submitted is original; b. that they have the authority and all permissions necessary to submit their Entry; c. that they own the content of their Entry for use and sale in any manner in any media and in any form worldwide and have the right to assign such copyright ownership in perpetuity to the Promoter; 6 d. that their Entry does not violate the privacy rights, copyright, contract rights or other rights (including, but not limited to, Intellectual Property Rights) of any person, corporation or entity; e. in respect of Entries that include images or references to third parties or third party property, that they have, before submitting their Entry, obtained the required written consents and releases from those third parties (or third party property owners) to include such images or references in their Entry and submit that Entry into this promotion; f. in respect of Entries that include images or references to third parties, that the third party participant has been informed by the Entrant and agrees in writing that such third party participant‟s image or reference may be used and sold by the Promoter in any media and in any form for an unlimited period of time without remuneration or compensation to the third party participant for the purpose of promoting, publicising or marketing this promotion (including any outcome), promoting any products and services manufactured, distributed and/or supplied by the Promoter and its promotional partners and/or promoting the Promoter and its promotional partners generally; g. that their Entry does not contain content that is illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable; h. that their Entry does not contain content that is contrary to the requirements or directions of relevant Regulators; i. that their Entry does not contain content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes; j. that their Entry does not contain content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; k. that their Entry does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have; l. that during the course of creating their Entry, their conduct was not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory or harassing to any person; and m. that the Entrant agrees that if their Entry is accepted by the Promoter, it may be available on the Promotional Website for public viewing and that their Entry may be used by the Promoter in any media and in any form for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising and/or marketing this promotion (including any outcome) and/or promoting any products and services manufactured, distributed and/or supplied by the Promoter and/or the Promoter generally. 27. Each Entrant indemnifies, and must defend and hold harmless, the Promoter and its promotional partners and their employees, servants, agents and contractors, from and against all Losses arising from: a breach by the Entrant of any of these Conditions of Entry; any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; a negligent, wilful or otherwise wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions by the Entrant; any breach by the Entrant of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and any claim or allegation that the Entrant‟s Entry infringes a third party‟s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information. 28. By entering this promotion, Entrants absolutely and unconditionally assign to the Promoter (and agree to use their best endeavours to procure any relevant third parties to absolutely and unconditionally assign to the Promoter) all right, title and interest in all Intellectual Property Rights in their Entry. Each Entrant must, upon request by the Promoter, execute all documents and 7 perform all acts necessary to vest all Intellectual Property Rights in their Entry in the Promoter. Each Entrant expressly consents pursuant to the moral rights provisions in the Copyright Act 1968 (Cth) to the Promoter having an unfettered right to treat an Entrant‟s Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant. Each Entrant acknowledges that as a consequence of the unconditional assignment, the Promoter may publish, modify and/or sell (and assign to others the right to publish, modify and/or sell) the Entrant‟s Entry in whole or part in any form (including but not limited to in a coffee table book, soft cover magazine series, 2013 calendar, roadshow exhibition, print collection and/or online catalogue) for an unlimited period of time without further notification, remuneration or compensation, for the purpose of promoting, publicising or marketing the promotion (including any outcome), promoting any products or services manufactured, distributed and/or supplied by the Promoter and its promotional partners and/or promoting the Promoter and its promotional partners generally. 29. All right, title and interest in all Intellectual Property Rights in all of the Promoter‟s and its promotional partners‟ brands, logos, trading names, products and services and the Promotional Website will remain or be vested in the Promoter. Participation in this promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter‟s and its promotional partners‟ brands, logos, trading names, products and services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period use of the Promoter‟s brands, logos, trading names, products and services solely for the purpose, and to the extent necessary, to enable each Entrant to submit their Entry. 30. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Promotional Website in accordance with its prevailing terms and conditions of use. Any Entries that are removed by the Promoter will not be considered eligible Entries for the purpose of this promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising). 31. A Regulator or any member of the public may wish to submit a notice, request, direction, complaint or instruction (Notification) to the Promoter in respect of any Entry. Except for Regulators, Notifications must be submitted to the Promoter in accordance with the process advised by the Promoter on the Promotional Website. If, during the Promotional Period, the Promoter receives a Notification in respect of any Entry, the Promoter will consider the issues raised in the Notification and determine, in its sole discretion, whether the relevant contribution should be removed. The Entrant acknowledges and agrees that the Promoter may, without any liability, take any steps necessary in order to respond or comply with a Notification (to the extent the Promoter is legally authorised and obliged to do so) to ensure compliance with any relevant Laws and/or the requirements of a Regulator and may take these steps at any time and without further notice to the Entrant. GENERAL 32. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter‟s satisfaction, at its sole discretion) in order to confirm the Entrant‟s identity, age, residential address, eligibility to enter or claim a prize, all details of their Entry (including the written consent of the owner of any Intellectual Property Rights in the Entry), and any other information submitted by the Entrant in entering the promotion, before issuing a 8 prize (as applicable). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter‟s satisfaction then all the Entries of that Entrant will be ineligible and deemed invalid. 33. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) submitting an Entry which is not in accordance with these Conditions of Entry; (b) tampering with the Entry process; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter‟s legal rights to recover damages or other compensation from such an offender are reserved. A prize will only be awarded following any Entrant validation and verification that the Promoter requires in its sole discretion. 34. An Entrant agrees that they will not disclose any information whatsoever (creative or otherwise) about this promotion or their Entry without the Promoter‟s prior written approval in each instance or otherwise in accordance with these Conditions of Entry. Any disclosure whatsoever about this promotion or their Entry without the prior written approval of the Promoter may subject the Entrant to liability for monetary damages. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation of the Entrant, the offender agrees either directly or indirectly to indemnify the Promoter for those losses, damages and costs. 35. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid. 36. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Website or the information on the Promotional Website, or to otherwise undermine the legitimate operation of the promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs. 37. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter‟s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu. 38. The Promoter, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to the promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, the promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims. 39. If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as an original prize or prizes. 9 40. The Promoter and the Judging Panel reserve the right to judge in respect of any Category, State Group and/or Month (as applicable) that all Entries received in that Category, State Group and/or Month (as applicable) are not of a sufficient standard when assessed against the Judging Criteria and accordingly determine that there will be no Monthly Winner for that Month or no Monthly Support Winner for that Category, State Group and Month (as applicable). If there are no Entries received in any Category, State Group and/or Month (as applicable), there will be no Monthly Winner Prize or Monthly Support Prize awarded (as applicable) for that Category, State Group and Month (as applicable). 41. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of Entry, the property of the Promoter. The Promoter collects personal information about an Entrant to include the Entrant in the promotion and, where appropriate, award prizes. If the personal information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner‟s name and locality in any media. An Entrant can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter‟s Privacy Officer at: 118 Victoria Rd, Rozelle NSW 2039. All personal information will be stored at the office of the Promoter. A copy of the Promoter‟s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter. 42. By participating in the promotion, an Entrant also acknowledges that a further primary purpose for collection of the Entrant‟s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Entrant in the future with information on new promotions or special offers or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies or promotional partners (including but not limited to Fairfax Media Limited and Elders Limited) who may contact the Entrant with special offers in this way. By entering the promotion, an Entrant acknowledges and agrees that the Promoter may use the Entrant‟s personal information in the manner set out in this condition. 43. Each Entrant acknowledges and agrees that the promotion and these Conditions of Entry are governed by the Laws of New South Wales, Australia and each Entrant submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts. 44. In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and Australian generally accepted accounting principles. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Regulators” means any regulatory agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association of National Advertisers, the Australian Communications and Media Authority, the Commonwealth Department of Broadband, Communications and the Digital Economy, the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, the 10 Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or entity that is substituted for, or takes over the functions of, any of those organisations. 45. Promoter: Australian Year of the Farmer Limited (81 135 673 504) of 179 Heritage Drive, Moonee Beach NSW 2450. Title: Re: Aust Year of the Farmer Photography Comp/Win Photo Equip & Vouchers Mthly Post by: lindy on Saturday 24 November 2012, 09:06:40 pm I think this comp has expired. see closing date 30/09/2012
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