Tourism Philippines Photo Competition with the help of National Geographic Live – Terms and Conditions of Entry
ENTRY AND ELIGIBILITY
1. The “Tourism Philippines Underwater/ Landscape/ Split Frame Photo Competition” (Promotion) is a photography competition. The Promotion has two stages:
a. An initial submission of photographs to determine who are the Minor Prize winners (Stage One Photographs).
b. The Minor Prize winners are then required to submit further photographs to determine the Major Prize winner (Stage Two Photographs).
2. Your participation in the Promotion is deemed acceptance of these Terms and Conditions.
3. The promoter is the Philippine Department of Tourism Australia and New Zealand (Promoter) of Suite 703, Level 7, 301 George Street, Sydney, NSW, 2000 Australia. The Promoter will be assisted by National Geographic Live Australia and Cebu Pacific Air in respect of certain Prizes.
4. The Promotion is only open to Eligible Entrants. An Eligible Entrant is an individual who, at the time of entry:
a. Is a resident of Australia, aged 18 years and over; and
b. Is not a director, manager, employee, officer and contractor (and their immediate families) of the Promoter or of participating agencies or companies associated with this Promotion. “Immediate families” means any spouse or de-facto partner, parent, child or sibling. .
5. Eligible Entrants must submit his/her entry to the Promotion for the Minor Prize from Tuesday 9 August 2016 until 19 August 2016 (Entry Period).
6. The Promotion is open to any professional or amateur photographer. For the avoidance of doubt, where an Eligible Entrant is employed or engaged by an organisation as a photographer, or the Eligible Entrant has an interest in an entity that provides photography services, it is acknowledged that the Eligible Entrant only enters this Promotion in its individual capacity and not on behalf of any other entity or organisation. .
7. To be accepted to participate in the Promotion, Eligible Entrants must:
a. take a photograph(s) of their choosing which depicts the theme of “Underwater/ Landscape/ Split Frame”; and
b. submit a maximum of two (2) photographs, with a minimum resolution of 300ppi and in JPG, PNG, GIF or TIFF format;
c. during the Entry Period submit his/her photograph(s) by email to firstname.lastname@example.org, and the email must contain the following information:
1. A caption for each photograph submitted or no more than ten (10) words, describing the object and location,
2. Your full name, postal address, telephone or mobile number and email address.
8. One (1) entry only is permitted per Eligible Entrant.
9. Entrants are not permitted to submit any photograph(s) which that the entrant has not taken himself or herself or has submitted to any current or past competition run by the Promoter or any other person. .
10. If an Eligible Entrant is determined to be a Minor Prize winner, the Eligible Entrant must supply to the Promoter a high resolution version(s) of the photograph(s) submitted with resolution of at least 300ppi at full size in JPG, PNG, GIF or TIFF format
11. The Promoter may, in its absolute discretion, refuse or disqualify all entries from any person, and prohibit the further participation of that person in this Promotion, if the that person: (i) fails to establish their status as an Eligible Entrant to the Promoter’s satisfaction; or (ii) tampers with or benefits from any tampering with the entry process or the operation of the Promotion; (iii) submits an entry which in the Promoter’s opinion is not in accordance with these Terms and Conditions; or (iv) acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights
12. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
13. Incomplete and indecipherable entries, and any entry which has incorrectly entered personal information or contact details, shall be deemed an invalid entry.
14. Any entry containing photographs or captions which are in the Promoter’s sole opinion unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, unduly sexually oriented, racially/culturally offensive, or that promote a commercial product or service, contain objectionable content or are otherwise considered inappropriate, will be deemed invalid and rejected in the absolute discretion of the Promoter. Additionally, the Promoter, in its absolute discretion, may refuse any entry that portrays activities which are contrary to the conservation values of the Promoter’s organisation, especially those relating to animals, local or tribal people or environmental protection.
15. Each entrant shall remain the owner of copyright in his/her photograph(s) submitted for the Promotion however, each entrant grants to the Promoter a non-exclusive, perpetual, royalty-free, world-wide, irrevocable licence to use, reproduce, print and publish any photographs submitted in the Promotion for the purposes of marketing and promoting the Philippines and/or the services and business of the Promoter.
16. Each entrant warrants at the time of submission that he/she was the sole photographer responsible for taking or otherwise creating each photograph submitted to the Promoter for the Promotion, and that he/she is the sole owner of all of the copyright to each photograph submitted. Each entrant warrants that the photograph(s) submitted do not infringe the copyright, trade mark, design, or other intellectual property rights of any third party. By entering the Promotion, entrants warrant that any person appearing in a photograph has consented to the entrant submitting the photograph in this Promotion.
THE MINOR PRIZE
17. There will be three (3) Minor Prize winners chosen. A “Minor Prize” is;
a. one (1) return economy class flight from the winner’s nearest airport to Sydney (with an air carrier of the Promoter’s choosing);
b. One (1) return economy class flight from Sydney to Manila with Cebu Pacific Air;
c. One (1) return economy class flight from Manila to Coron, Palawan;
d. Five (5) nights accommodation in Coron (at hotel(s) and resort(s) of the Promoter’s choosing); and
e. Breakfast, lunch and dinner meals at the accommodation chosen;
f. Diving tours, and other activities of the Promoter’s choosing;
18. Each Minor Prize is valued at approximately AU$3,000, depending on a winner’s point of departure.
19. Entrants acknowledge that the Minor Prize includes, and requires participation in, diving activities.
20. The Minor Prize does not include:
a. any transport costs between a winner’s residence and the departure airport;
b. spending money;
c. any other travel or accommodation;
d. any other meals, food or beverages;
e. any incidental hotel charges;
f. any insurance (such as travel or health cover);
g. any costs associated with any passport or visa;
h. any vaccinations or other medical or health related services;
i. any other ancillary costs which may be incurred by the winner in relation to the Minor Prize.
21. As a condition of accepting a Minor Prize, each winner agrees that:
a. The Promoter may display the winner’s submitted photograph(s) at the “National Geographic Live Australia” Exhibition events in Sydney, Perth, Adelaide, and Melbourne to be held October 13,16, 19 and 27 respectively, and from October 1-31 at the InterContinental Sydney Gallery Annex;
b. They will take photographs during their trip of the Philippines which depicts the theme of “Underwater/ Landscape/ Split Frame”;
c. They will submit five (5) photographs taken during their trip of the Philippines, by email to email@example.com, by 18 September 2016, and where
i. each photograph must be high resolution, with a minimum resolution of 300 ppi at full size in JPG, PNG, GIF or TIFF format;
ii. the email must contain a caption for each photograph of no more than 10 words, and describing the object and location;
d. They will enter into a Photography Licence Deed (a copy of which is available to download here: Tourism Philippines NatGeo Live Competition Photo Licence Deed ) which deals with the licence to the Promoter of all photographs submitted in the Promotion; and
e. The Promoter may also display the winner’s submitted photograph(s) for the “Major Prize” at the exhibition events stated at sub-clause (a) above.
22. Each Minor Prize winner acknowledges and agrees to the following:
a. All travel must take place and be completed between 12-16 September 2016;
b. All winners must confirm their acceptance of the Minor Prize and participation in the trip by no later than 2 September 2016. If a winner does not confirm their participation, then their Minor Prize is forfeited;
c. the Promoter is not responsible for arranging any photography equipment for the winner;
d. the Promoter will book the travel and accommodation forming part of the Minor Prize, and will form an itinerary for each winner, in its absolute discretion;
e. Each winner may be required to present a credit card at time of accommodation check in;
f. Frequent flyer points do not form part of the Minor Prize;
g. The Minor Prize is subject to availability with airlines, transfers availability, accommodation provider availability, and any activity provider availability;
h. The participating providers in respect of the Minor Prize (including the airline and accommodation provider) reserve the right to eject a winner for any inappropriate behaviour including but not limited to intoxication, whilst participating in any element of the Minor Prize; and
i. All components of the Minor Prize must be taken together and taken during the same period of travel. Any unused portions of the Minor Prize will be forfeited.
THE MAJOR PRIZE
23. The “Major Prize” is AU$1,500.00 cash, and the title of “Tourism Philippines Underwater/ Landscape/ Split Frame Photo Competition Winner”.
THE MINOR PRIZE AND MAJOR PRIZE DETERMINATION
24. The Minor Prize will be announced on 26 August 2016 at the Promoter’s offices. The Major Prize will be announced on 12 October during the Cocktail Reception at the InterContinental Sydney.
25. The Promotion is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged based on the creative merit of the photograph and its caption. It is agreed that:
a. In respect of the Minor Prize and Stage One Photographs, the three (3) best entries as determined by the Promoter will win a Minor Prize; and
b. In respect of the Major Prize and Stage Two Photographs, the best entry as determined by the National Geographic Live explorer, Mr Thomas Peschak, will win the Major Prize.
26. Each Minor Prize winner will be notified by telephone, mail and email within five (5) business days of judging, and published online at http://www.tourismphilippines.com.au/.
27. If a Minor Prize remains unclaimed after 10 days of the winner being notified, or any entry is subsequently discovered to be invalid or the entrant ineligible, then that Minor Prize shall be awarded to the next best valid entry received and judged by the Promoter. The Promoter will not be liable to a winner who cannot be contacted or otherwise does not claim the prize within the 10 day period following notification, and that winner shall be deemed to have forfeited the Minor Prize and no further correspondence will be entered into.
28. The Promoter’s decision, and Thomas Peschak’s decision, in respect of determining a “best” entry is final and no correspondence will be entered into between the Promoter and the entrants in this respect.
29. The Major Prize winner will be notified by the Promoter within five (5) business days of determination. The Major Prize winner will be announced on the website http://www.tourismphilippines.com.au/ and on the Promoters social media channels.
1. The prizes, or any unused portion of a prize, are non-transferable or exchangeable, and non-redeemable for cash (other than the Major Prize which is cash and therefore redeemable as such).
2. All taxes (excluding GST) which may be payable as a consequence of receiving a prize are the sole responsibility of the winner.
3. The Promoter’s decisions are final in relation to all matters in this Promotion and no correspondence will be entered into.
4. If any prize (or part of any prize the prize) is unavailable for any reason, the Promoter reserves the right to substitute the prize (or that part of the prize) with goods or services of no lesser value and/or specification. The Promoter accepts no other liability or responsible for any loss incurred by a winner or any other party if the prize (or part of the prize) is unavailable for any reason. .
5. The Promoter assumes no responsibility for any failure to receive any communication or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the Promotion unless to do so would be prohibited by law and subject to any applicable regulations of the gaming authorities.
6. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees as provided under the Competition and Consumer Act (Cth) 2010, or any implied condition or warranty the exclusion of which from these Terms and Conditions would contravene any statute or cause any part of these Terms and Conditions to be void (“Non-Excludable Condition”). Except for liability in relation to a Non-Excludable Condition, the Promoter excludes from these Terms and Conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Condition, the Promoter (including its related bodies corporate, and the Promoters officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, without limitation, the following:
a. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
b. any theft, unauthorised access or third party interference;
c. any act or omission of any third-party supplier/provider of the prize;
d. any entry 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;
e. any variation in prize value to that stated in these Terms and Conditions;
f. any tax implications; and/or
g. a prize or use of or participation in a prize.
7. Any costs associated with emailing the Promoter is the entrant’s responsibility and is dependent on their Internet service provider used.
8. If this Promotion is interfered with in any way (including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures) 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, unless prohibited by law, to (a) cancel, terminate, modify or suspend the Promotion, and/ or (b) invalidate any affected entry(s).
9. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any services supplied by the Promoter.
10. As a condition of accepting a prize, the winner may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity in favour of the Promoter.
12. If any provision of these Terms and Conditions at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
13. The laws of New South Wales apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales and any appeal Courts therefrom.
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