https://apps.facebook.com/nikon-whoareyou-au/JRN: Get voted into theTop 100 from which JUDGES pick Top 8 as prizewinnersNikon 'I Am Experiencing Life' Promotion - Terms and Conditions of Entry
The Promoter is Nikon Australia Pty Ltd (ABN 34 121 761 537) of Unit F1, Lidcombe Business Park, 3-29 Birnie Avenue, Lidcombe, NSW 2141 (Telephone 1300 366 499).
The Entrant is any person who has entered this promotion in accordance with these terms and conditions.
Information on how to enter, prizes, and other details contained within promotional advertisements form part of these terms and conditions. By entering this promotion, using the promotional application on the Nikon Page (as defined below) or using a prize, you acknowledge that you have read, understand and agree to be bound by these terms and conditions. Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.
Entry is open to residents of Australia only.All management, employees and contractors of the Promoter and its related bodies corporate and their immediate families, and all retailers and agents of the Promoter, are not eligible to enter. 'Immediate family' of a person, means their spouse, de facto spouse, parents, natural or adopted children, and siblings (whether natural or adopted by a parent), whether or not they live in the same household as the person.
To enter the promotion, a person must complete each of the following steps online at
www.facebook.com:
STEP 1. Register their details to become a member of Facebook. If a person is already a member of Facebook, they need not complete this step;
STEP 2. Log in to Facebook and visit the My Nikon Life Australia Facebook page at
http://www.facebook.com/mynikonlife (the "Nikon Page");
STEP 3. Click the 'Like' button on the Nikon Page to register that they like the Nikon Page.
STEP 4.
Upload a photograph to the promotional application on the Nikon Page (the "Application");
STEP 5. Using the Application, provide a title for the photograph uploaded under STEP 4, commencing with the words 'I AM'. Provide a unique 'I AM' title or select from pre-populated 'I AM EXPERIENCING LIFE' title;STEP 6.
Share their titled photograph with the 'My Nikon Life' Facebook group at http://www.facebook.com/mynikonlife and other Facebook users, and encourage Facebook users to 'Like' the titled photograph by clicking the 'Like' button for that photograph through the Application (each a "Like"). A person may only Like one photograph through the Application.Entries for the promotion open at 10.01am (AEST) on 14 August 2012 and
close at 12 noon (AEST) on 8 October 2012. This period is referred to as the Promotion Period. All entries must be received by the Promoter by 12 noon (AEST) on 8 October 2012.
Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Incomplete, inaudible or incomprehensible entries will be deemed invalid. Only one entry is permitted per person. Entrants can only enter in their own name. The use of automatic entry software or similar devices is prohibited.
There will be eight (
prizes in total. The total prize pool is valued at up to A$3,200.
The prizes for the promotion are:
first prize: one (1) $1,000 Gift Certificate + Nikon Gear Loan *, valued at up to A$1,000;
second prize: one (1) $800 Gift Certificate + Nikon Gear Loan *, valued at up to A$800;
third prize: one (1) $500 Gift Certificate + Nikon Gear Loan *, valued at up to A$500;
fourth prize: one (1) $350 Gift Certificate + Nikon Gear Loan *, valued at up to A$350;
fifth prize: one (1) $250 Gift Certificate + Nikon Gear Loan *, valued at up to A$250;
sixth prize: one (1) $100 Gift Certificate + Nikon Gear Loan *, valued at up to A$100;
seventh prize: one (1) $100 Gift Certificate + Nikon Gear Loan *, valued at up to A$100;
eighth prize: one (1) $100 Gift Certificate + Nikon Gear Loan *, valued at up to A$100;
* Winners will be able to loan one of the following cameras for two weeks: Nikon D3200, Nikon 1 J1, Nikon 1 V1, COOLPIX P510, P310, S9300, or AW100. Arrangements for loan will be organised upon announcement of the named winners.The Promoter will appoint a panel of judges from Nikon Australia who will consider the one hundred (100) entries that receive the most 'Likes' from Facebook users in accordance with paragraph 6 during the Promotion Period, and then select, from those entries, the eight (
valid entries which they consider to best represent the competition theme “I AM EXPERIENCING LIFE”. The judging will commence on 7 October 2012 and will take place at Unit F1, Lidcombe Business Park, 3-29 Birnie Avenue, Lidcombe, NSW 2141. This is a game of skill. Chance plays no part in determining the winners. The judges’ decision is final and no correspondence will be entered into.
Prize winners will be notified by email within two days of being chosen and their names will be published on the Nikon Page and
www.mynikonlife.com.au.
The photograph(s) and any written material submitted by an Entrant in connection with this promotion must be: (a) the original independent creation of the Entrant; (b) owned by the Entrant; and (c) free of any claims, including copyright or trademark claims, and must not: (i) have been published previously (other than on Facebook by the Entrant submitting it); or (ii) infringe any person's intellectual property rights. Additionally, the Promoter may disqualify any entry that contains a picture or any written material that has won a prize or award in a previous promotion, or which, in the opinion or the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. Digital image manipulation is permitted in order to optimise a photograph, however Entrants may not add or remove key elements of the photograph. Composite or montage photographs may not be used to enter this promotion.
Prizes are not transferable, exchangeable or redeemable for cash. Prize values are in Australian dollars inclusive of GST and are based on the recommended retail value of prize components at the time of printing. The Promoter accepts no responsibility for any variation in the value of any prize. If a prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to any applicable State or Territory regulation. To the extent permitted by law: (a) the Promoter makes no representations or warranties as to the suitability of any prize; and (b) no compensation will be payable if, for any reason, a winner is unable to use a prize as stated. The Promoter will make all reasonable efforts to deliver the prizes to each prize winner within 60 days of the date the relevant prize winner claims their prize.
Any prize that is not taken for any reason is forfeited. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.
Any prize not claimed within three months of the Promoter sending the relevant winner a notification email under paragraph 12 will be forfeited and will not be awarded to the relevant prize winner.
If a winner is under the age of 18, the relevant prize will not be awarded until the winner's parent or legal guardian agrees (in a form acceptable to the Promoter) to ensure that the winner complies with these terms and conditions.
Additionally, it is a condition of accepting the prize that the winner or, where the winner is aged under 18 years, the winner's parent or legal guardian may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
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). Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter.
The Promoter reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these conditions, or 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.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS 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 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law, and subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
A person is solely responsible for the content that they post, store or upload through or in connection with the Application, including any material or information that they transmit to other persons (collectively, "User Content"). The Promoter does not have any obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Application. The Promoter reserves the right to remove, delete, screen and/or edit any User Content, to block, prevent and/or terminate a person's access to the Application, and to remove the Application from any person's account, in each case at any time and without notice. The Promoter does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by any person.
A person must not (and must not allow any other person to):
in their use of the Application, violate any intellectual property rights or other rights of any person;
post, store, upload or transmit User Content that is misleading, or that is in breach of the terms and conditions;
remove, obscure or change any copyright, trademark, hyperlink or other proprietary right notices contained within the Application;
modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence and/or organisation of the Application or any content contained therein;
use the Application in any manner that could damage, disable, overburden, or impair the Application, the Promoter, Facebook, or any other person or entity;
collect any information about other users of the Application, or interfere with other user’s enjoyment of the Application in any way; or
use the Application for any commercial goal.
The Application or User Content may contain links to websites (including websites operated by or on behalf of the Promoter), and a person’s use of all such websites is subject to the applicable policies and terms of use of those websites. The Promoter does not control and is not responsible for the content of any third party websites or the conduct of third party operators of any websites, and does not make any representations regarding the accuracy, copyright, legality or decency of any of the content or other materials on such third party websites. If a person decides to access linked third party websites, they do so at their own risk.
The Promoter does not warrant: (a) the accuracy, completeness or usefulness of any information contained within the Application; or (b) that the Application, its content or the functions contained in the Application will be uninterrupted or error-free, that defects will be corrected, or that the Application or the servers that make it available are free of viruses or other harmful components.
Except for any liability that cannot be excluded under the Consumer Guarantees (as defined below) or other applicable law, the Promoter (including its 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, including, but not limited to, where arising out of the following: use of, or the inability to use the Application (including any User Content); any technical difficulties or equipment malfunction (whether or not under the Promoter's control); any theft, unauthorised access or third party interference; 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; any variation in prize value to that stated in these terms and conditions; any tax liability incurred by the winner or entrant; any prize(s); or participation in or use of any prize. In these terms and conditions, 'Consumer Guarantees' means the consumer guarantees which apply to the supply of products or services under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time, or other similar legislation of a state or territory of Australia.
Each Entrant (and each other person that uses the Application) (each an "Indemnifying Party") indemnifies the Promoter against any loss, cost, damage, expense or liability (including legal costs) sustained or incurred by the Promoter, any of its related bodies corporate (as defined in the Corporations Act 2001 (Cth)), or any of their respective officers, employees, agents or representatives, arising from or in connection with:
access to or use of the Application;
a breach of these terms and conditions; or
the infringement of any intellectual property or other proprietary rights,
in each case whether by the Indemnifying Party or any other person using the Indemnifying Party's account. The Indemnifying Party's obligations under this indemnity may not be offset against any other claim.
The Promoter's decision in relation to any aspect of the promotion is final and binding on every person who enters and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
The Promoter may require the winners from the promotion to partake in media exposure, including but not limited to future promotional, marketing and publicity without any further reference, payment or other compensation.
All entries remain the property of the Entrant. By submitting photographs and written material as part of this promotion, Entrants acknowledge and agree that the Promoter and its sublicensees may, without compensation, use, reproduce and publish any entry (including pictures and written material submitted as part of any entry (and higher resolution versions of those pictures, whether or not submitted as part of an entry)) in any media (including on the Nikon Page and/or Promoter's websites at
www.mynikonlife.com.au and
www.nikon.com.au and on in-store displays, and including in combination (or in a montage) with other entries or pictures) for the purpose of: (a) advertising, promoting, marketing or publicising this promotion and/or the 'I AM NIKON' campaign; or (b) any future promotional, advertising, marketing and/or publicity activities for similar promotions (in each case, from the commencement of the Promotional Period until the date that is 36 months after the announcement of the prize winners for this promotion). The Promoter may use the name and photograph of the prize winners for promotional purposes without compensation, except where a prize winner advises the Promoter otherwise when accepting the prize. By entering the promotion, unless the Promoter is otherwise advised, Entrants consent to the Promoter using their personal information for facilitating the promotion, awarding prizes and for future promotional, marketing and publicity purposes, and disclosing that information to its related bodies corporate and contractors for those purposes. Entrants consent to the Promoter updating or amending the written material submitted as part of this promotion if required by the Promoter.
If any of these terms and conditions are found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. The failure of the Promoter to insist upon or enforce any of the provisions of these terms and conditions, or to exercise any rights or remedies under these terms and conditions, will not be construed as a waiver of the Promoter's right to assert or rely upon any such provisions, rights or remedies.
The promotion is in no way connected with Facebook. It is neither sponsored, supported nor organised by Facebook. The Promoter, not Facebook, is the recipient of the information provided by Entrants.
A copy of the Promoter's privacy policy is available by visiting
http://www.nikon.com.au/en_AU/privacy.page. A request to access, update or correct any information should be specifically directed to the Promoter at Unit F1, Lidcombe Business Park, 3-29 Birnie Avenue, Lidcombe, NSW 2141