‘Snap the NT’ photo competition (“the Promotion”)
Tourism NT (ABN 17 435 764 236) Level 8, Charles Darwin Centre, 19 the Mall, Darwin NT 0800 (“the Promoter”)
Commencing Friday 13 January 2017 at 12:00:00pm Central Standard Time (CST) and closing on Friday 27 January 2017 at 11.59:59pm CST (“Promotion Period”)
‘Snap the NT’ photo competition (“the Promotion”)
Tourism NT (ABN 17 435 764 236) Level 8, Charles Darwin Centre, 19 the Mall, Darwin NT 0800 (“the Promoter”)
Commencing Friday 13 January 2017 at 12:00:00pm Central Standard Time (CST) and closing on Friday 27 January 2017 at 11.59:59pm CST (“Promotion Period”)
The following terms and conditions shall apply to the Promotion which is organised by Tourism NT (“the Promoter”). The Promoter is a body corporate of the Government of the Northern Territory of Australia (“NT”) established pursuant to the Tourism NT Act located in the NT whose objectives include promoting and marketing the NT as a tourist destination. In consideration of you entering the Promotion you agree to the following.
1. How to submit a valid entry
1.1 You are eligible to enter if you: 1.1.1 are a person who is aged 13 years or over, who have an Internet connection capable of accepting cookies or other devices used by Tourism NT to track entries; and 1.1.2 submit a Valid Entry (see below); and 1.1.3 agree to the Terms and Conditions; and 1.1.4 do not breach the Terms and Conditions; and 1.1.5 are not an employee or immediate family member of an employee of the Promoter or an entity associated with the Promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
1.2 The only way to submit a Valid Entry is by:
1.2.1 Posting a NEW photo or REGRAMMING an old one showing us what you love to do in the NT or what your favourite place is in the NT. This can be anything from hiking, fishing, eating, chasing waterfalls, Aboriginal culture, or watching sunsets. 1.2.2 following @AusOutbackNT on Instagram, tag @AusOutbackNT in the photo and include the following hashtags #NTaustralia and #snaptheNT; and 1.2.3 reading and agreeing to the competition Terms and Conditions.
1.3 You may submit more than one entry.
1.4 You must not: 1.4.1 tamper with the entry mechanism; or 1.4.2 use scripting, an application or code to submit multiple entries; or 1.4.3 manipulate the participation process or the entry mechanism adopted by Tourism NT (whether via website or the social media channel) for accepting your entry and/or otherwise act unfairly or dishonestly or try to influence the draw by disruption, harassment, annoyance of employees/software of Tourism NT and/or the Promoter, the sponsors or other prize suppliers.
1.5 You must not submit an entry that: 1.5.1 contains invalid, incomplete or inaccurate information; 1.5.2 contains a third party’s work or a modification of a third party’s work; 1.5.3 contains unacceptable clothing, nudity, adornments or displays of commercial advertising; 1.5.4 contains defamatory, offensive, harassing, threatening or intimidating statements or messages; 1.5.5 invades the privacy or any other rights of any third party; or 1.5.6 breaks any law.
In the event that such information provided is in breach of this conditions 4 and 5 above, such entry (whether a Valid Entry or not) will automatically be disqualified from the Promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
2. Conditions of entry
2.1 You acknowledge and agree that: 2.1.1 to the extent permitted by law, you indemnify the Promoter its agents and servants from any claim, loss, damage or damages whatsoever, including, but not limited to, economic, direct or indirect loss, or personal injury suffered or sustained in connection with, or arising from, this Promotion; 2.1.2 the Promoter does not warrant the accuracy of any information provided to you about the Promotion; 2.1.3 if requested, you must participate in editorial activities relating to the Promotion including, but not limited to, interviews, photographs, films or other recordings of the same for publication in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome) or in connection with winning or enjoying the prize and promoting any products manufactured, distributed and/or supplied by the Promoter, the sponsors or other prize suppliers as a result of this Promotion; 2.1.4 the Promoter may collect your personal information, including, but not limited to, your name, likeness, email address, picture and participation in editorial activities (“Personal Information”); 2.1.5 you must inform the Promoter if your Personal Information changes during the Promotion Period; 2.1.6 you consent to the Promoter’s Privacy Policy located at www.tourismnt.com.au/en/find-out-more/privacy;
2.1.7 you consent to the Promoter disclosing, publishing and disseminating your Personal Information by any means including, but not limited to, in websites, social media channels, broadcasts, other media coverage, blogs, photographs and videos; 2.1.8 you consent to the Promoter sending you emails from the Promoter for research, survey, competition and general promotion purposes;
2.1.9 you confirm that your entry was taken by you and you own all intellectual property rights and Moral Rights;
2.1.10 you grant the Promoter a worldwide, royalty free, perpetual, exclusive and irrevocable licence to use your entry and Personal Information for any purpose;
2.1.11 you have the consent of all persons appearing in your entry to use them in this competition in accordance with the Terms and Conditions and the Promoter’s Privacy Policy located at www.tourismnt.com.au/en/find-out-more/privacy; 2.1.12 you unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of your moral rights, or present and future rights of a similar nature, conferred by law anywhere in the world whether occurring before or after this consent is given (“Moral Rights”); 2.1.13 you waive all Moral Rights that arise outside Australia; and 2.1.14 you will not start, continue or support any claim or proceeding for infringement of your Moral Rights or intellectual property rights.
2.2 The time of entry will be the time at which a Valid Entry is received online. You may receive a confirmation message that you have submitted a Valid Entry. The Promoter is not responsible if a Valid Entry is not received whether this is caused by a system difficulty or malfunction or any other reason. Further the Promoter shall not be liable for any loss, late arrival, delay, alteration, manipulation and/or misdirection of emails and/or data during data entry, logging, transmission and/or storage which are caused by external data networks, in particular the Internet or as the case may be the world wide web, external telephone lines and/or other participants' and/or third parties' hardware and/or software, nor for any incorrect, missing, interrupted, deleted or defective data. In particular, no liability is assumed by the Promoter if emails or data provided through the Promoter’s website do not correspond with the requirements of the system and are consequently not accepted by the system. Further the Promoter, the sponsors or other prize suppliers are also not liable for any theft or destruction of the systems storing the data and/or storage media, unauthorised alteration and/or manipulation of the data in the systems and/or in the storage media by the participants or third parties, or any loss or damage incurred or suffered by the winner or the winner´s family members in connection with the use of the prize/s.
2.3 If, for any reason, the Promotion is not capable of running as planned the Promoter reserves the right in its absolute discretion to take any action that is legally available to the Promoter to reschedule, change or cancel the Promotion.
2.4 The Promotion is not sponsored, endorsed or administered by, or associated with Instagram;
2.5 The Promotion is governed by the laws of the Northern Territory. You submit to the exclusive jurisdiction of the Northern Territory.
3. Winners
3.1 Choosing a Winner in the Promotion shall be via the Internet after Friday 13 January 2017 at 12:00:00pm CST ("Start Date"). All entries for the Promotion must be submitted to the Promoter via the Internet on or before Friday 27 January 2017 11:59:59pm CST ("Closing Date").
3.2 The Promoter may, in its absolute discretion, disqualify an otherwise Valid Entry if, in the reasonable opinion of the Promoter, you have not complied with these Terms and Conditions or the entry process.
3.3 The Winner will be chosen by the Promoter in their absolute discretion. The draw will be held on Monday, 30 January 2017 at 1:00:00pm (CST) ("Announcement") at Level 8, Charles Darwin Centre, 19 the Mall, Darwin NT 0800.
3.4 Entries will be judged based on their originality; quality, how inspiring and how they best represent and capture the Northern Territory destination in their photo.
3.5 The Promoter may select an alternative winner to replace any subsequently disqualified winner or a winner who does not claim their prize (“Alternate Winner”).
3.6 All decisions of the Promoter are final and no correspondence will be entered into by the Promoter.
3.7 The Winner will be notified by Instagram by 31 January 2017 and their name will be published on the Tourism NT Instagram account (@AusOutbackNT) by the Promoter on 31 January 2017.
3.8 The Winner must be in Australia at the time of the draw to claim the Prize.
4. The Prize
4.1 There will be one Prize up to the value of AUD$500;
4.1.1 The Prize will consist of a voucher from Camera House Darwin valued at AUD$500.
4.2 The Prize is: 4.2.1 not transferable, exchangeable or redeemable for cash; 4.2.2 subject to availability;
4.2.3 substitutable for a prize of a similar (or at the Promoter’s discretion greater) value in the Promoter’s absolute discretion if for any reason the Prize is unavailable; 4.2.4 subject to any terms and conditions of the Promoter or any third party providers which the Prize Winner must agree to before accepting the prize; 4.2.5 claimable any time up to 48 hours after the date of notification after which time the Promoter may allocate the prize to an Alternate Winner; 4.2.6 claimable on an “as is” basis only; 4.2.7 subject to the Prize Winner satisfying lawful health, behaviour, age and safety requirements and producing his/ her/ their identity cards when collecting his/her/their prize (which should match in all respects the information provided in the Valid Entry); and 4.2.8 exclusive of any additional costs and liabilities incurred by the Prize Winner that are not expressly stated as forming part of the Prize including, but not limited to, spending money, meals, taxes, additional travel, personal, property & health insurance, transport to and from departure point, items of a personal nature, in-room charges, losses, damages, claims, legal costs and increased personal taxation liabilities (“Additional Costs and Liabilities”).
4.3 You must pay and incur all Additional Costs and Liabilities. The Promoter, its agents and servants are not liable for any Additional Costs and Liabilities. You indemnify the Promoter for any Additional Costs and Liabilities you incur.
4.4 If for any reason the Prize, or any part of the Prize, is or becomes unavailable or unable to be completed, the Promoter has no liability to the Winner or the Guest and the Winner and their Guest have no claim against the Promoter.
5. General
5.1 The Promoter reserves the right to amend these Terms and Conditions of the Promotion without giving any prior notice to You.
5.2 Should any provision of these Terms and Conditions of the Promotion be held to be unenforceable under the applicable law, such provision shall be deemed severed from these Terms and Conditions of Participation, without affecting the enforceability or validity of the remaining provisions, which shall continue in full force and effect.
5.3 Disclaimer of Warranties
5.4 This site is provided on an “as is, as available” basis. You agree to assume total responsibility and risk for your use of the site (where these terms appear) and the content and for evaluating the accuracy, completeness and usefulness of all content. Tourism NT makes no express or implied warranties, representations or endorsements whatsoever with respect to the site or the content. Tourism NT expressly disclaims all warranties of any kind, express implied, statutory or otherwise, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title and non-infringement with regard to the site. The services provided by Tourism NT and the content.
5.5 Tourism NT does not warrant that the functions performed by the site will be uninterrupted, timely, secure or error-free, or that defects in the site will be corrected. Tourism NT does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site and the content are provided “with all faults” on an “as is” and “as available basis”
5.6 Limitation of Liability - to the greatest extent permitted by applicable law, Tourism NT will not be liable for any loss or damage arising either directly or indirectly from any use or inability to use the site or the content. You understand and agree that under no circumstances will Tourism NT be liable for any damages whatsoever, including but not limited to (i) any direct, indirect, incidental, consequential, or exemplary damages arising out of the use of or inability to use the site or the content (ii) any claim attributable to errors, omissions, or other inaccuracies in the site or the content, (iii) Unauthorised access to or alteration or your transmission of date, (iv) statements or conduct of any third party on the site or the service or (v) any other matter relating to the site or the content, even if Tourism NT has been advised of the possibility of such damages.
5.7 If you are dissatisfied with the site, the content or the terms and conditions, your sole and exclusive remedy is to discontinue using the site.
5.8 You completely release Instagram from any claim you may have arising from the Promotion.
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