TERMS AND CONDITIONS FOR SOCIAL MEDIA COMPETITIONS, CONTESTS AND PRIZE DRAWS CONDUCTED BY STEVE MCMARSON PHOTOGRAPHY

22/09/15

 

Introduction

From time to time, STEVE MCMARSON PHOTOGRAPHY (the “Promoter“) runs competitions, contests or prize draws (referred to as “Promotions“) on the Facebook page found at //www.facebook.com/stevemcmarson.photography (the “Steve McMarson Photography Facebook Page“).

By entering any Promotion on the Steve McMarson Photography Facebook Page, each participant agrees to be bound by these terms and conditions including all relevant entry instructions (the “Terms and Conditions“).

Can I Participate?

Promotions are open to any Facebook users accessing the Steve McMarson Photography Facebook Page that meet the entry criteria set out below and follow the relevant entry instructions.

Promotions are open to residents of Australia.

Participants must be 13 years of age or older to enter.  Where the participant is less than 18 years of age, the participant shall obtain the consent of his/her guardian before entering into the Promotion.

Participants must have a valid Facebook account.

Entries must be received via the Steve McMarson Photography Facebook Page.

Employees of the Promoter and their families and anyone materially connected to the administration of the Promotion including without limitation employees of third party prize suppliers are excluded from taking part in the Promotion.

Promoter reserves the right to verify the eligibility of participants and disqualify any participant who in Promoter’s reasonable opinion is ineligible and in the case of winners, award their prize to another participant.

Travel to and from any photoshoot prize is not included in the competition and is undertaken at the entrants expense.

How Can I Enter?  – The Rules

No purchase is necessary to take part in a Promotion but internet access and a valid Facebook account are required.

To enter participants must follow the entry instructions as outlined in the relevant post on the Steve McMarson Photography Facebook Page.  Only by following these instructions are participants included in the Promotion.  Participants will not receive confirmation from the Promoter that they have entered the Promotion.

Only one entry per person is allowed (based on name, same address, email, IP address).  Any person submitting more than one entry may be disqualified.

No bulk or third party entries are allowed.

Each Promotion will open from the time that the relevant contest post is made on the Steve McMarson Photography Facebook Page.  The closing date for the Promotion will be specified in the contest post. Entries made after this time will not be valid, even if they appear to be registered.

Lost, delayed, undelivered, incomplete or multiple entries will not be entered into the Promotion. The Promoter accepts no responsibility for entries, or emails/communications that are misdirected, lost, delayed, damaged or corrupted during delivery to or from the Promoter due to any computer malfunction, virus, bug, delay or other reason whatsoever. Proof of sending is not proof of receipt.

All entries must be original, and cannot infringe on the rights of any third parties.

On submission of your entry, you grant the Promoter an unlimited, freely assignable, royalty free licence in any intellectual property rights or other rights vested in your entry.

What Can I Win?

Prizes available for winning will be specified in the relevant post on the Steve McMarson Photography Facebook Timeline, including the number of prizes up for grabs.

Unless otherwise specified in relation to a particular Promotion, winners will be drawn at random from all eligible entries.

Where the competition includes an element of skill (e.g. design focused, or write a caption), winners will be selected based on merit by an independent panel of judges.

The winners will be notified via a reply to their comment within 7 days of winning the prize. Each winner will receive their prize by post within 28 days of notification.

It is each participant’s responsibility to supply the correct postal address to which a prize is to be sent via direct message to the Promoter on Facebook. For all items that are returned to the prize handler due to incomplete delivery, the participant will be contacted to check the address before re-sending. If the prize is returned to the prize handler a second time, or the prize handler is unable to contact the participant, the prize will be forfeited and will no longer be claimable.

The prize is as stated in the corresponding contest post with no cash alternative in whole or in part and is non-transferable, not for re-sale and cannot be exchanged, assigned or redeemed for cash. However, in the event of the prize not being available due to circumstances beyond our reasonable control, the Promoter may offer an alternative prize of equal or greater value. Prizes are awarded ‘as is’ with no warranty or guarantee, either express or implied by Promoter.

Unless otherwise agreed in writing by the Promoter, a winner is not permitted to transfer the right to take up a prize to anyone else.

Any prize unclaimed after two weeks and after reasonable efforts from the Promoter to contact the winner will be distributed at Promoter’s discretion (including without limitation by deeming the prize to be null and void) without any liability to winners or other participants.

The Promoter will not be liable or responsible for any inability of a participant to take up a prize and such participants will not be entitled to an alternative prize.

The Promoter’s decision is final in all matters relating to the Promotion.

The winner may be required to take part in promotional activities. The Promoter reserves the right to publish names, photographs and county of the winner for the purposes of announcing the winners without the need for additional payment or permission.

Personal Information

The Promoter will only collect personal information for the purposes of managing and administering the Promotion. This includes contacting the participant via Facebook, email or telephone. The personal information will not be used for any other purpose without a participant’s consent.  This will not affect any existing marketing preferences a participant may have with the Promoter.

By entering a Promotion, each participant consents that their personal information may be transferred to Promoter’s service providers and agents (including their sub-contractors) to store and use as necessary to administer the Promotion. The Promoter will never provide a participant’s personal information to third parties for them to use in their own direct marketing, without the participant’s consent.

Personal information will be held on record for a short period of time as necessary to administer the Promotion and then securely destroyed.

Where Promotions are accessed via an application on the Steve McMarson Photography Facebook Page using Facebook’s Application Programming Interface (“API”), the application may use cookies to personalise participant’s experience with the application [but does not retain any personal information about the participant.]

Liability

To the fullest extent permissible by law, the Promoter shall not be liable for any loss or damage, injury or disappointment whatsoever which is suffered or sustained as a result of participation in the Promotion (including any damage to participant or any other person’s computer or mobile phone equipment as a result of downloading or accessing any materials).

The Promotion is not sponsored, endorsed or administered by, or associated with Facebook. By entering the Promotion, all participants agree to release Facebook from any liability associated with the Promotion.  Participants are providing their information to Promoter, not Facebook.

Promoter will not be responsible for third party products and services offered as prizes and such prizes will be subject to third party providers’ standard terms and conditions.

General

To ensure fairness and the integrity of the Promotion to all participants, the Promoter will not enter into discussions regarding the running of any Promotion via posts on the Steve McMarson Photography Facebook Page, but will respond to questions via Direct Message to the Steve McMarson Photography Facebook Page.

Any participant posting or seen to be posting comments on the Promoter’s Facebook page or elsewhere during the Promotion that are considered bullying, spiteful or upsetting to other participants and fans of Steve McMarson Photography or which disparage the Promoter, will have their comments removed and will be disqualified from the Promotion. The Promoter reserves the right to alert Facebook to such behaviour and you may have your Facebook account frozen pending investigation.

Owing to exceptional circumstances outside its reasonable control, Promoter reserves the right, in its sole discretion, to withdraw or amend any Promotion.

These Terms and Conditions shall be governed by and construed in accordance with Australian law shall have exclusive jurisdiction in relation to any disputes arising in respect of a Promotion.

If there are any reasonable grounds to believe that there has been a breach of these Terms and Conditions by an entrant, The Promoter may, at its sole discretion invalidate the relevant entry and disqualify the entrant from the Promotion, irrespective of the stage in the Promotion reached.

Promoter

Steve McMarson Photography, Brisbane, Qld Australia

Website Terms & Conditions

If you use this website you will accept this website’s terms and conditions in full. If you do not think its terms and conditions to be reasonable, then do not use this website.  The general terms and conditions of this website are as follows:

The term ‘creators’ whenever used includes without limitation authors, editors, technicians who share and retain all site copyrights.

The term ‘materials’ whenever used includes without limitation, text, images, audio content, video content, and audio-visual content.

General Conditions:  The website stevemcmarson.com.au  is designed by its creators to provide entertainment and online community for readers of the author, stevemcmarson.com.au, images, books and other materials created by and associated with this author. stevemcmarson.com.au  is available for general audience reading and viewing, however, children under thirteen years must secure permission from his/her parent or guardian before accessing this website.

Values: Whenever possible all contributions to stevemcmarson.com.auwill and must be firstly approved by its creators before inclusion on the site. All effort is made to ensure that the material on the website is inclusive and non judgemental, does not contain personal or disrespectful information from or about its contributors, complies with child protection laws and is respectful towards all personal differences, cultural diversities and ecosystems.

Content:  Certain links in this site will lead to sites which are not under the control of stevemcmarson.com.au. The creators of stevemcmarson.com.au  are not responsible for the material of external sites.

Ordering: When placing an order you agree that the information given is accurate and complete. Personal information remains confidential and will only be used for the purposes intended.

Returns and Complaints: Please use the contact email facility for issues and concerns regarding purchasing, or issues and concerns regarding website material.

Privacy & Security: stevemcmarson.com.au  does not disclose buyers’ information to any third parties.  In order to prevent unauthorised access or disclosure, suitable physical, electronic and managerial procedures are in place to safeguard and secure personal details with regards to purchasing of goods and material contributions.

Cookies: Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser [if you allow] that enables the sites or service providers systems to recognise your browser and capture and remember certain information. Cookies are used by stevemcmarson.com.au for this purpose.

Acceptable Use: You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the expressed written consent of its creators.

No Warranties: stevemcmarson.com.auis provided ‘as is’ without any representations or warranties, expressed or implied. The creators of stevemcmarson.com.au  make no representations or warranties in relation to this website or the information and materials provided on this website.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. Therefore the creators of stevemcmarson.com.au disclaim all liability and responsibility arising from any reliance placed on such material by any visitor to the site, or by anyone who may be informed of any of its materials.

stevemcmarson.com.au does not warrant that this website will be constantly available at all times, or that the information on this website is complete, true, accurate or non-misleading.

No Endorsements:  The website, stevemcmarson.com.au and its creators do not expressly or implicitly endorse or support the content or actions of any third party websites or services, including, but not exclusive to those sites hyperlinked to this website.

Linking to this site:  You are permitted to link to the homepage of this website in a way that is fair and legal, provided that the association does not damage the reputations of the site and/or its associated contributors. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.

Contributors: The creators of stevemcmarson.com.au  will remove material from its site that has been deemed to infringe upon the copyright of others.

All contributors maintain copyright of their own material submitted. However, by submitting his/her material to this website for whatever purpose, a contributor grants permission to the creators of this website to use his/her material royalty-free, perpetually, irrevocably, non-exclusive, unrestricted, and with a worldwide license to reproduce, adapt, translate, prepare derivative works, distribute copies, perform, or for public display in any existing or future media. The contributor also grants the creators of stevemcmarson.com.au to sub-license these rights to use his/her material, and the right to bring an action for infringement of these rights.

People seventeen years or under, will require written consent from their parent or guardian before his/her material can be considered for inclusion on this website.

Intellectual Property Rights: You are not permitted to republished, posted, transmit, store, sell, distribute or modify any of the material that appears on this site unless you have firstly obtained the written permission of the creators of stevemcmarson.com.au

Variation: The creators of stevemcmarson.com.au  may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions of this website.  Please check this page regularly to ensure you are familiar with the current version.

Severability and Enforcement: If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent.  If no such modification is possible, that provision will be severed from the rest of this agreement. However, that does not deem a waiver the creator’s of stevemcmarson.com.au right to do so in the future.

PRIVACY STATEMEN

Privacy Statement

Thank you for visiting stevemcmarson.com.au . We respect and protect the privacy of our users. This privacy policy tells you how we collect and use information.

The term “Personal Information” in this privacy policy means any information from which your identity is apparent or can be reasonably ascertained. We do not collect Personal Information about you when you visit this website except where specifically indicated.

You can use this service without telling us who you are or revealing other Personal Information. If you send us a contact or feedback form you do not need to identify yourself or use your real name.

Personal information

If you contact us we will collect the email address you nominate and any other identifying information you provide, such as a name or phone number.

Please do not give us other personal or sensitive information.

Other than circumstances such as unlawful activity or serious threats to health and safety, we do not share Personal Information. If you ask us about an issue that needs to be dealt with elsewhere, we will provide you with the necessary details to make contact yourself. You may opt out of further contact from us at any time.

You can contact us by email, or send your request or complaint using the contact detail option. We undertake to respond within 30 days. If the request or complaint will take longer to resolve, we will provide you with a date by which we expect to respond.

How we protect your Personal Information

To improve your experience on our site, we may use ‘cookies’. Cookies are an industry standard and most major web sites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

Our website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. When you go to other websites from here, we advise you to be aware and read their privacy policy.

Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.

By using this website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy- external site and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google- external site.

The site stevemcmarson.com.au  uses interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to “like” or “share” information from this website through these services, you should review the privacy policy of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other Personal Information.

Contact us about your privacy concerns.

 

 

 

 

 

 

 

 

Pin It on Pinterest

Share This