TERMS AND CONDITIONS FOR SOCIAL MEDIA COMPETITIONS, CONTESTS AND PRIZE DRAWS CONDUCTED BY STEVE MCMARSON PHOTOGRAPHY
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.
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.
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.
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.
Steve McMarson Photography, Brisbane, Qld Australia
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