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 16 years or older at the time of entry;

(c)           be a member of My Nikon Life;

(d)           and

(e)           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 10.00am (AEST) on Tuesday 28th September and close at 11.59pm (AEDT) on Sunday 31st October 2021. This period is referred to as the Entry Period. Entries must be received by the Promoter during the Entry Period. Entries received after the 11.59pm (AEDT) on Sunday 31st October 2021 will not be accepted.

 

5.             ENTRY PROCESS

5.1          To enter the Competition, an Entrant must complete the entry form at www.nikon.com.au/10years ensuring that images and/or a video submission are uploaded successfully and that all required fields have been completed.

 

6.             ENTRY REQUIREMENTS

6.1          To enter the Competition, an Entrant must complete the entry form at www.nikon.com.au/10years ensuring that images and/or a video submission are uploaded successfully and that all required fields have been completed.

6.2          Entrants may enter once in each category. This means one still image in each image category, and one video in the Short Video category.  Entrants can only enter in their own name. The use of automatic entry software or similar devices is prohibited.

6.3          The photograph(s)/video submitted by an Entrant in connection with this competition:

(a)           must be the original independent creation of the Entrant;

(b)           must be owned by the Entrant;

(c)           must have been post processed by the Entrant;

(d)           must have been captured between 2011-2021;

(e)           must have been shot on a Nikon camera and NIKKOR lens and must include metadata to support this claim;

(f)           may be submitted in colour or monochrome

(g)           must be free of any claims, including copyright or trademark claims;

(h)           must only feature individual(s) who have provided their consent to use their image in connection with this competition or have obtained permission to capture the individual(s) through other means such as official accreditation at an event including music festival, gig or concert. If the featured individual is under the age of 18 years old, the Entrant must obtain the consent of the individual's parent or guardian to use the featured individual's image;

(i)           must not infringe any person's intellectual property rights;

(j)             must not be misleading;

(k)             must not include, in the opinion of the Promoter, objectionable, offensive, unlawful or otherwise inappropriate content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory, defamatory, derogatory or racist images or language; and

(l)           must not be in breach of these terms and conditions.

6.4          Digital image manipulation is permitted in order to optimise a photograph, however Entrants may not add or remove key elements of the photograph/video. Composite images are permitted however the Promotor has the right to request RAW image files.

6.5          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.

6.6          All entries remain the property of the Entrant.

6.7          A person is solely responsible for the content that they post, store or upload in connection with this competition, including any material or information that they transmit to other persons (collectively, User Content).   

6.8          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 submitting photographs and/or videos as part of this competition, Entrants acknowledge and agree that the Promoter and its sublicensees may, without payment or other compensation:

(a)           use, reproduce, publish and modify any entry (including photographs and videos submitted as part of any entry (and higher resolution versions of those photographs and videos, whether or not submitted as part of an entry)) including on social media, its website, in email marketing or on displays for the purpose of advertising, promoting, marketing or publicising this competition only;

(b)           use the name, image and/or voice of the prize winner for promotional purposes, except where the prize winner advises the Promoter otherwise when accepting the prize; and

(c)           require the winner of this competition to partake in media exposure, including but not limited to future promotional, marketing and publicity.

(d)           should Nikon wish to utilise photographs and/or videos submitted as part of the competition for marketing or promotional purposes outside of those mentioned in clause 7.1(a), then a separate arrangement must be agreed upon with the entrant outside of the terms of this competition.

7.2          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 are 10 (ten) major prizes to be won in this competition, awarded to the winning Entrants of each category.

8.2          Each major prize consists of:

(a)           one Nikon Z 6 body, NIKKOR Z 24-70mm f/4 S lens, and FTZ Adaptor;

(b)           the winners being announced as the Winners of Category

8.3          The recommended retail value of major the prize is $5,627   

8.4          There are 10 (ten) runners up prizes to be won in this competition, awarded to the runner up Entrant of each category.  

8.5          Each runner up prize consists of:

(a)           one $300 Patagonia gift voucher  

8.6          The recommended retail value of the runner up prize is $300

8.7          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 representative of its choosing to shortlist the entries which they consider to contain the most original and creative photography/videography; and

(b)           a panel of judges who will consider the shortlisted entries, and then select, from those entries, the entry which they consider to have the criteria listed in Section 8.2. This panel of judges is including but not limited to,

(i)             Astro photography: Heesoo Chung

(ii)            Landscape Photography: Elle Chen-Hooley

(iii)          Portrait Photography: Bobbi Lockyer

(iv)          Action photography: Jasin Boland  

(v)           Short Video: Jason Lee

(vi)          Surf Photography: Stephanie Gilmore

(vii)         Wildlife Photography: Charles Davis

(viii)        Live Music: Michelle Grace Hunder

(ix)          Fashion Photography: Stefanie King

(x)           Macro Photography: Aaron Molenkamp

9.2          The following judging criteria will be used to determine the winning entries across all categories: Originality, artistic merit, technical skill, dramatic effect and sensory impact, innovation and creativity as well as clarity and quality of entry. Refer to the following categories for more specific judging criteria;

(a)           Astro Photography: judges including Heesoo Chung will be looking for:

(i)             Visual impact through composition, colour, lighting, exposure and focus

(ii)            Technical execution, centre of interest, commitment to the challenge that is inherent to astrophotography

(iii)          Relevance to the category Astro Photography i.e. Space related imagery including but not limited to star trails, supermoon, Milky Way, and deep sky. Entries may be composite images as long as they are shot on the same session / day. Nikon reserves the right to request original, unedited files.

(b)           Landscape Photography: judges including Elle Chen-Hooley will be looking for:

(i)             Composition, colour, lighting, exposure and focus

(ii)            Relevance to the category Landscape Photography i.e. natural or urban, land or sea, any depiction of an outdoors scene. Entries may be composite images, Nikon reserves the right to request original, unedited files.

(c)           Portrait Photography: judges including Bobbi Lockyer will be looking for:

(i)             Creativity and technical excellence, expression of emotion and visual appeal 

(ii)            Relevance to category Portrait Photography i.e. depicting the face of a person or persons (or domestic animal) where the subject/s in conjunction with the background, lighting and expression of emotion the viewer with the photograph. These may include, but are not limited to; traditional portraits, lifestyle portraits, environmental portraits, street, beauty, fine art or family/group portraits Nikon reserves the right to request original, unedited files.

(d)           Action Photography: judges including Jasin Boland will be looking for:

(i)             Dramatic effect and visual appeal especially depicting motion

(ii)          Relevance to the category Action Photography i.e. any image capturing motion including but not limited to sports, adrenaline activities, motion picture stills, cars and motorcycles, and movement in nature.  Nikon reserves the right to request original, unedited files.

(e)           Short video: judges including Jason Lee will be looking for:

(i)             Compelling concept and visual storytelling, visual appeal and attention to detail

(ii)            Quality of auditory and visual elements of submission

(iii)          Relevance to the category short video i.e. 5 minutes or less in length the subject matter of which may be relevant to any other category listed in this competition. Nikon reserves the right to request original, unedited files.

(f)            Surf Photography: judges including Stephanie Gilmore will be looking for:

(i)             Dramatic effect and visual appeal

(ii)            Relevance to the category Surf Photography i.e. depicting a surfer or surfboard, from in the water or from land, as well as large waves considered to be “surf”. Nikon reserves the right to request original, unedited files.

(g)           Wildlife Photography: judges including Charles Davis will be looking for:

(i)             Visually compelling and impactful images

(ii)            Relevance to the category Wildlife Photography i.e. depicting living animals in their natural habitats. This includes but is not limited to land animals, marine life, birds and insects. This does not include images of animals taken in Zoos or enclosures.  Nikon reserves the right to request original, unedited files

(h)           Live Music Photography: judges including Michelle Grace-Hunder will be looking for:

(i)             Impact, storytelling, compelling subject matter and stylistic elements, composition

(ii)            Relevance to the category Live Music Photography i.e. images of activities relating to concerts and music including but not limited to photos of band members, or musicians as well as audiences in indoor/outdoor venues. Nikon reserves the right to request original, unedited files.

(i)             Fashion Photography: judges including Stefanie King will be looking for:

(i)             Visual appeal and storytelling, sense of style

(ii)            Relevance to the category Fashion Photography i.e. depicting clothing and other fashion items including but not limited to editorial, street fashion, high fashion and catalogue photography featuring clothing and other fashion items worn by a model or alone. Nikon reserves the right to request original, unedited files.

(j)             Macro Photography: judges including Aaron Molenkamp will be looking for:

(i)             Entries that are visually striking, with exemplary detail and clarity, colour and composition

(ii)            Relevance to the category Macro Photography i.e. extreme close-up images of small subjects including but not limited to insects and plants. Nikon reserves the right to request original, unedited files

9.3          The judging will commence on 1 November 2021 and is expected to conclude on 12 November 2021. Finalists will be announced w/c 15 November 2021 with winners and runners up being announced on 26 November 2021.

9.4          This competition is a game of skill. Chance plays no part in determining the winner. The judges’ decision is final and no correspondence will be entered into.

 

10.          NOTIFICATION OF PRIZE WINNER

10.1       The prize winner will be notified via email to the email address provided in the entry form within two days of being chosen (Notification). The prize winner must respond by verifying their identity and providing their mailing address within 24 hours of receiving the Notification. The Promoter will make all reasonable efforts to post the prize to the winner within 60 days of receiving and verifying the winner's address details. Prizes will be mailed to Australian postal addresses only.

10.2       If the prize winner does not respond to the private message in accordance with clause 9.1, that person will forfeit the prize and the prize will be awarded to the next best entry (as determined by the judges). The Promoter accepts no responsibility for a winner who forfeits the prize because they have not responded in accordance with clause 9.1, and no correspondence will be entered into.

10.3       The prize winner's name will also be published on the Promoter's Instagram page (https://www.instagram.com/nikonaustralia/) and Facebook page (https://www.facebook.com/nikonaustralia/) as well as website (www.nikon.com.au/10years)

10.4       If a winner is under the age of 18, the relevant prize will not be awarded until the winner's parent or legal guardian agrees (in a form acceptable to the Promoter) to ensure that the winner complies with these terms and conditions.  The winner's parent or legal guardian may also be required to sign a legal release in a form determined by the Promoter in its absolute discretion, and a condition of receipt of the prize.

 

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.

 

17.          NIKON.COM.AU GIFT VOUCHER

17.1      One $110 Nikon.com.au gift voucher will be provided to each My Nikon Life member who submits their entry to the Ten Years Together Competition. Gift voucher is limited to one per entrant and can only be redeemed once. The gift voucher will be emailed to the entrant's email address associated with their My Nikon Life account. Gift voucher must be redeemed on the Nikon.com.au website and is redeemable on any Z Series camera body and NIKKOR Z lens. Gift voucher must be redeemed by an Australian resident. 

17.2       The gift voucher must be redeemed within 21 days upon receipt of email.

17.3       Gift voucher is not redeemable for cash and is non-transferable. No credit or change will be given for any unused portion of the gift voucher.