Terms & Conditions

c 1. GENERAL

1.1 Information on how to enter, prizes, and other details contained within advertisements relating to this competition form part of these terms and conditions. By entering this competition, or using a prize, you acknowledge that you have read, understand and agree to be bound by these terms and conditions. Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated, or tampered with in any way.

2. PROMOTER

2.1 The promoter is Nikon Australia Pty Ltd (ABN 34 121 761 537) trading as Nikon Australia of 5 Rider Boulevarde, Rhodes NSW 2138 (Promoter).

3. ELIGIBILITY

3.1 The entrant is any person who has entered this competition in accordance with these terms and conditions (Entrant).

3.2         All Entrants must:

(a)          be residents of Australia;

(b)          be aged 18 years or older at the time of entry;

(c)          have entered the competition during the Entry Period 

(d)         have completed and submitted a response to the survey 

              and not be:          

(i)             part of management, or a director, employee or contractor of the Promoter or its related bodies corporate; or

(ii)            an immediate family member of a person listed in paragraph (i) above. 'Immediate family' of a person, means their spouse, de facto spouse, parents, natural or adopted children, and siblings (whether natural or adopted by a parent), whether or not they live in the same household as the person.

3.3          The Promoter reserves the right, at any time, to verify the validity of entries and eligibility of Entrants (including an Entrant's identity, age and place of residence). Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter.

4. ENTRY PERIOD

4.1          Entries for this competition open at AEDT Thursday 9th November and close 11:59pm AEDT Thursday 23th November. This period is referred to as the Entry Period. Entries must be received by the Promoter during the Entry Period. Entries received after 11:59pm (AEDT) on Thursday 23th November 2023 will not be accepted.  

5. ENTRY PROCESS

5.1          To enter the Competition, an Entrant must complete and submit their responses to the Have Your Say survey. This competition is open to individuals using any and all camera equipment including phones, drones and film. The competition is not limited to those shooting on Nikon cameras.

6. ENTRY REQUIREMENTS

6.1          To enter the Competition, an Entrant must complete and submit their responses to the Have Your Say survey. 

6.2          Entrants may enter complete and submit their survey responses only once.\

6.3          The cost of entry via the internet is free, but internet connection and usage costs may apply. Entrants should obtain details of such costs from their service provider.

6.4          All entries remain the property of the Entrant.

6.5          Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Incomplete, inaudible or incomprehensible entries will be deemed invalid. The Promoter takes no responsibility for any failure to receive an entry, for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or for any delays or failures in telecommunications service or equipment. If such problems arise, then the Promoter may modify, cancel, terminate or suspend this competition at its discretion.

7. PROMOTIONAL, MARKETING AND PUBLICITY ACTIVITIES

7.1          By entering this competition, unless the Promoter is otherwise advised, Entrants consent to the Promoter using their personal information for facilitating this competition, awarding prizes and for future promotional, marketing and publicity purposes, and disclosing that information to its related bodies corporate and contractors for those purposes.

8. PRIZE

8.1          There is 20 (one) prize to be won in this competition:

1 in 20 $300AUD Riparide gift card to be used on riparide.com to book any Riparide escape. Total prize pool value is $6,000AUD.

8.2          Prizes are not transferable, exchangeable or redeemable for cash. Prize values (if stated) are in Australian dollars inclusive of GST and are based on the recommended retail value of prize components at the time of printing. The Promoter accepts no responsibility for any variation in the value of any prize. If a prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to any applicable State or Territory regulation

9. JUDGING

9.1          The Promoter will appoint:

(a)          a panel of judges will choose the entry which they deem the winner in accordance to the below criteria general insight, detail and transparency of responses.

10. NOTIFICATION OF PRIZE WINNER

10.1       The prize winner will be notified via email. The Promoter will make all reasonable efforts to send the prize to the winner within 15 business days.

11. WARRANTIES AND DISCLAIMERS

11.1       To the extent permitted by law:

(a)           the Promoter makes no representations or warranties as to the suitability of any prize; and

(b)           no compensation will be payable if, for any reason, a winner is unable to use a prize as stated.

11.2        A person’s use of any websites in connection with this competition is subject to the applicable policies and terms of use of those websites. The Promoter does not control and is not responsible for the content of any third party websites or the conduct of third party operators of any websites, and does not make any representations regarding the accuracy, copyright, legality or decency of any of the content or other materials on such third party websites. If a person decides to access linked third party websites, they do so at their own risk.

11.3       Except for any liability that cannot be excluded under the Consumer Guarantees (as defined below) or other applicable law, the Promoter (including its officers, employees and agents) excludes 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 this competition, 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 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 (if any);

(e)           any tax liability incurred by the winner or Entrant;

(f)            any prize(s); or

(g)           participation in or use of any prize. 

11.4       In these terms and conditions, 'Consumer Guarantees' means the consumer guarantees which apply to the supply of products or services under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time, or other similar legislation of a state or territory of Australia. 

11.5       This competition is in no way connected with Facebook or Instagram.  It is neither sponsored, supported nor organised by Facebook or Instagram. The Promoter, not Facebook or Instagram, is the recipient of the information provided by Entrants.

12. TAXES

12.1       Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.

13. PROMOTER'S RIGHTS

13.1       The Promoter reserves the right in its sole discretion:

(a)           to disqualify any individual who it has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this competition. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved;

(b)           to the fullest extent permitted by law, and subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel this competition (as appropriate) if this competition 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; and

(c)           to remove, delete, screen and/or edit any User Content (as defined above) at any time and without notice. The Promoter does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by any person.

13.2       The Promoter's decision in relation to any aspect of this competition is final and binding on every person who enters and no correspondence will be entered into.

13.3       Failure by the Promoter to insist upon or enforce any of the provisions of these terms and conditions, or to exercise any of its rights or remedies under these terms and conditions at any stage does not constitute a waiver of the Promoter's right to assert or rely upon any such provisions, rights or remedies.

13.4       CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

14. INDEMNITIES

14.1       Each Entrant  (Indemnifying Party) indemnifies the Promoter against any loss, cost, damage, expense or liability (including legal costs) sustained or incurred by the Promoter, any of its related bodies corporate (as defined in the Corporations Act 2001 (Cth)), or any of their respective officers, employees, agents or representatives, arising from or in connection with:

(a)           a breach of these terms and conditions; or

(b)           the infringement of any intellectual property or other proprietary rights,

in each case whether by the Indemnifying Party or any other person using the Indemnifying Party's account. The Indemnifying Party's obligations under this indemnity may not be offset against any other claim.

15. SEVERABILITY

15.1       If any of these terms and conditions are found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

16. PRIVACY

16.1       Details from entries will be collected and used for the purposes of conducting this competition (which may include disclosure to third parties for the purpose of processing and conducting this competition) and for promotional purposes surrounding this competition. By entering this competition Entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional purposes without any further reference or payment to the entrant.

16.2       A copy of the Promoter's privacy policy is available by visiting https://www.nikon.com.au/privacypolicy. A request to access, update or correct any information should be specifically directed to the Promoter on +61 2 8767 6900.