TERMS AND CONDITIONS

Information on all elements of The 2020 SurfVisuals Top 100 Photographers Competition (‘Promotion’) from Submission, Entry, Finalist, Prizes and any representation of finalist names and images form part of these Terms and Conditions. Entry into the Promotion will signify acceptance of all terms and conditions.

Promotion commences at 12:30pm May 1st (Australian Eastern Standard Time) and ends at 5:00pm on 31st May 2020 (Australian Eastern Standard Time) (“Promotional Period”).

The participant agrees to provide correct, current and complete information relating to their participation in the promotion.

Entry are open to people of all ages.

Employees (and their immediate families) of the Promoter, or agencies or companies associated with the conduct of this Promotion, are eligible to enter, however, are ineligible to win any form of prizes.

Surf Visuals (ABN: 99630217972 ) (‘Promoter’) takes all care but no responsibility to ensure that all entries are received and processed. The promoter will be in no way responsible for any entry not being processed due to technical fault, omission or any oversight.

There is a limit of one entry per participant. Entry fee is free to enter.

The winner (number 1) of both the Male and Female Top 100 will receive $250 AUD.

All costs associated or arising in connection with the Prize are the responsibility of the Prizewinner.

All Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize.

By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed, photographed and filmed.

In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize. The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.

Should an entrant’s contact details change during the Promotion Period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

The information provided by an entrant to the promotion may be used by the Promoter in accordance with the following:

Communication via the Promoter’s email newsletter ‘The SurfVisuals Newsletter’

As part of contests, invitations and loyalty programs to communicate with finalists and winners by the Promoter.

Communication regarding future ‘SurfVisuals Photo Competitions’ or contests.

The Promoter will not share data captured with Sponsors, or 3rd parties.

The Promoter reserves the right, at any time, to verify the validity of entries and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry/voting process.

Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

If the 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 (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.

If, for any reason, the Promotion is not capable of running as planned due to any reason including, but not limited to, infection by computer virus, bugs tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion.

The Promoter reserves the right to disqualify any entrant who in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, infringes third party intellectual property rights, is misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter or Sponsors. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

It is a condition of accepting any prize that the winner may be required to sign a release of liability in a form to be determined in the absolute discretion of the Promoter.

Collection, use and disclosure of information: The Promoter  (“we”, “us”) collects the information that the entrant (“you”) choose to provide to us – for instance by providing us with information by entering into a promotion (including this Promotion) that we are conducting. We adhere to privacy legislation by only using your personal information for the purpose it was collected or consented to be collected (for instance by agreeing to separate terms and conditions), and for directly related secondary purposes. By entering the Promotion, the Promoter and its related entities may use this information, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to you, including sending the entrant electronic messages. For websites you visit in connection with us, the collection, use and management of your personal information while visiting the websites may be governed by additional privacy policies and terms and conditions. You should consult the website and its host for more details.

By providing information in connection with this competition, each entrant grants to the Promoter and all Sponsors, a world-wide, royalty-free, non-exclusive, non-transferable, absolute and irrevocable license, right and permission to use, re-use, publish, re-publish, publicly display, perform, transmit, exhibit, and reproduce the information including any photograph entered as part of this Promotion, the entrant’s name, address, e-mail address, statements, video, voice, photograph, or other likeness, in whole or in part, individually and/or in conjunction with other material, including without limitation, text, photographs, or images, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to publicity, promotion, packaging, and trade, throughout the world without restriction as to manner, frequency, or duration of usage, but only in connection with this Promotion (which, without limitation, includes the Promoter and all Sponsors’ websites and Social Media (Instagram, Facebook, Twitter, Vimeo, YouTube) pages used in connection with the Promotion). Each entrant consents to any infringement of their moral rights.

Each entrant agrees that their name, address, e-mail address, statements, video, voice, photograph, or other likeness may be used with whatever visuals, copy, or other elements the Sponsors may determine, in its sole discretion, for all media usage (including, but not limited to, usage on the Internet), but only in connection with this Promotion (which, without limitation, includes the Promoter’s and/or the Sponsors’ websites and Social Media (Instagram, Facebook, Twitter, Vimeo, YouTube) pages used in connection with the Promotion). Nothing herein shall obligate the Sponsors to use the entrant’s name, address, e-mail address, statements, video, voice, photograph, or other likeness.

Each entrant represents and warrants that they have the right to grant The Promoter and Sponsors the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity. Each entrant hereby waives any right they may have to inspect and approve the finished product and the publicity copy that may be used, and hereby release and discharge, indemnify and hold harmless the Sponsors and its officers, directors, employees, contractors, agents, and any designees, including without limitation, the Sponsors’ licensees, successors, and assigns, from and against any and all liabilities, losses, claims, demands, costs (including without limitation attorneys fees) and expenses arising out of or in connection with any use granted hereunder, including but not limited to any claims for defamation, invasion of privacy, right of publicity or copyright infringement.

Except for any liability that cannot be excluded by law, the Promoter and the Sponsors (including their officers, employees and agents) exclude 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s, the Sponsors control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by the winner or entrant; or (f) use of the prize.

The Promoter reserves the right to change or amend any of the Terms and Conditions outlined above with adequate and fair notification to all participants involved in the promotion and in no way is held responsible for any consequential actions stemming from these changes.