Nikon

Terms and Conditions for the My Nikon Life My Community Photography Assignment

1. 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).

2. The Entrant is any person who has entered this promotion in accordance with these terms and conditions.

3. Information on how to enter, prizes, and other details contained within promotional advertisements form part of these terms and conditions. By entering this promotion 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.

4. Entry is open to residents of Australia only.

5. 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.

6. To enter the promotion, a person must have purchased any Nikon camera, lens or accessory from a Camera House or Paxtons store within Australia (between 1st July 2010 and 31st July 2010), then complete each of the following steps by completing and submitting the relevant online forms at www.mynikonlife.com.au:

Step 1. Register their details to become a member of mynikonlife.com.au, they need not complete this step.
Step 2. Upload up to five pictures in keeping with the Assignment theme (My Community) on the competition page. At least one picture must be uploaded as part of this step.
Step 3. Tell the story behind their Picture(s).

7. The pictures and written material submitted by the Entrant under paragraph 6 must be:

• the original independent creation of the Entrant;
• owned by the Entrant
• free of any claims, including copyright or trademark claims, and must not: (i) have been published previously; or (ii) infringe any persons 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.

8. Entries for the promotion open at 09:01 (AEST) on 1st July 2010 and close at 23:59 (AEST) on 31st August 2010. This period is referred to as the Promotion Period. All entries must be received by the Promoter by 23:59 (AEST) on 31st August 2010.

9. 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 (although up to five pictures can be submitted as part of each entry). Entrants can only enter in their own name. The use of automatic entry software or similar devices is prohibited.

10. There will be one (1) prize, to a value of up to AUD$5000.

11. The prize consists of:

• A half day 1-on-1 photography lesson with Nikon Ambassador and motion picture stills photographer Jasin Boland (valued at $2600)
• Return flights to the Gold Coast from the Winners nearest capital city (worth up to $800)
• One nights accommodation in a minimum of Four Star hotel located on the Gold Coast (worth up to $400)
• A lunch or dinner at a 5-star Gold Coast restaurant with Jasin Boland (worth up to $200)
• A Camera House / Paxtonss $1000 gift voucher to buy that extra something special to add to you kit (worth $1000)

TOTAL VALUE $5000

12. The prize winner must accept the prizes, subject to the following constraints:

• The prize is subject to availability of Jasin Boland, and flights and accommodation.
• The prize must be taken between 12th September 2010 and 31st January 2011. No rain checks will be offered if prize cannot be fulfilled.
• The travel suppliers, including the airline, hotel and restaurant, will be chosen by the Promoter.
• The prize winner will be requested to provide proof of purchase, in accordance with clause 6.

13. The Promoter will appoint a panel of judges who will select the one valid entry which they consider to contain the most original and creative photographic response. Prizes will be awarded in the order determined by the judges in accordance with those criteria. The judging will commence on 6th September 2010 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.

14. Winners will be notified by telephone and confirmed by email by 8th September 2010 and their names will be published on www.mynikonlife.com.au on 8th September 2010.

15. 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 (as provided by the relevant supplier) and, are correct at 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 quality, suitability, or merchantability of the prize(s); and b) no compensation will be payable if, for any reason, a winner is unable to use a prize as stated.

16. Any part of 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.

17. Any:

• prize not claimed; or
• component of a prize not booked or ordered (as appropriate), by 5pm on 31 January 2011 will be forfeited and will not be awarded to the relevant prize winner.

18. If a winner is under the age of 18:

• they must be accompanied by their parent or legal guardian when using the prize; and
• the relevant prize will not be awarded until the winners parent or legal guardian agrees (in a form acceptable to the Promoter) to ensure that the winner complies with these terms and conditions.
• the parent or Guardian must pay the full costs off accompanying the prize winner

19. Prizes do not include (and the prize winner will be responsible for):

• any telephone, laundry, mini-bar, room service or in-room charges;
• any meals, beverages, gratuities or tips; and
• any other charges paid or payable to accommodation or other suppliers for personal or ancillary services and;
• travel to and from the Winners residence and the airports located at the Winners nearest capital city , transport to and from the Hotel and the location of the Pro Photography Lesson, and other travel, transport or transfers, travel insurance, taxes not included in the price of the ticket, ground transportation or any other costs of a personal nature not stated.

20. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrants identity, age and place of residence). Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter.

21. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines, in its absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner or, where the winner is aged under 18 years, the winners parent or legal guardian may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

22. 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 Promoters legal rights to recover damages or other compensation from such an offender are reserved.

22.1 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.

23. 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.

24. Except for any liability that cannot be excluded by 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: any technical difficulties or equipment malfunction (whether or not under the Promoters 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.

25. The Promoters 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.

26. 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.

27. All entries remain the property of the entrant. With the entrants full permission, the Promoter may use, reproduce and publish an entry (including pictures and written material submitted as part of any entry) and a Prize Photo in any media for the purpose of: a) advertising, promoting, marketing or publicising this promotion; or b) any future promotional, advertising, marketing and/or publicity activities for similar promotions (for a period of up to two years). 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 provided 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.

28. A copy of the Promoters privacy policy is available by visiting www.mynikonlife.com.au and following the relevant links. 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.