THE FUN STUFF...
TERMS & CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. By entering this promotion, Entrants (as defined below) agree to abide by these Terms and Conditions of Entry.
2. The Promoter is Nicole Paton Photography, ABN 47 811 442 754, Unit 1101, 23 Halifax Street,
Macquarie Park, NSW, 2113, Australia, 0451675563
3. The promotion commences at 17:00 pm AEDT on 03/09/2021 and closes at 15:59 pm AEDT on 10/09/2021 (“Promotion Period”).
4. Entry is open to any Sydney-based resident aged 18 years or older (“Entrant”). Employees and their immediate families of the Promoter, related companies of the Promoter, and agencies associated with the promotion and their related companies are ineligible to enter.
5. To enter the promotion, Entrants must, during the Promotion Period, visit the Nicole Paton Photography, Instagram profile: @nicolepatonphotography (https://www.instagram.com/nicolepatonphotography/), or Facebook Page for a chance to WIN a photo session and 5 digital images: FOLLOW @nicolepatonphotography and submit the entry form telling us: "Why do you deserve to win this photos session?" or comment on the Instagram and Facebook Posts.
6. Multiple Entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each Entry must be submitted by a different family member and in accordance with Entry requirements.
7. Incomplete, indecipherable or inaccurate Entries will be deemed invalid. Entries are deemed to be received at the time of receipt on the entry form at www.nicolepatonphotography.com. The Promoter is not responsible for any delay in, or failure of, transmission which causes an Entry not to be received within the Promotion Period.
8. The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant’s identity, age, and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
9. 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.
10. The total prize pool is valued at $3065 RPP
The Nicole Paton Photography Experience prize includes:
- Pre-session In-home consultation
- Photo Session
- Reveal Session including slideshow
- 5 of your favourite images from the shoot as social media resolution digital files
- One Family film
11. There is (1) prize in total. Valid Entries, as determined by the judges will win a Nicole Paton Photography Photo Session, 5 images, and film: $3065 (RRP each).
12. Prizes are not transferable or exchangeable and cannot be taken as cash.
13. The judging will take place from 16:30 pm AEDT on 10/09/2021 at Unit 1101, 23 Halifax Street,
Macquarie Park, NSW, 2113, Australia. The winners will be announced via the @nicolepatonphotography Instagram account
(https://www.instagram.com/nicolepatonphotography/) by 5 pm, 10th September 2021. All winners will be contacted via phone and if no contact is made an email will be sent. The entrant then has 24 hours to acknowledge the prize or it will be redrawn. The prize must be redeemed by the winner before the 31st of December 2021.
14. This Promotion is a game of skill. Chance plays no part in determining the winners. Each Entry will be individually judged based on the literary and creative merit of the answer provided to the Promotional Question.
15. The judges may select additional reserve entries, which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible Entrant.
16. The Promoter’s decision is final and binding and no correspondence will be entered into.
17. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
18. If for any reason a winner does not redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
19. Each Entrant warrants that their Entry is an original literary work of the Entrant that does not infringe the rights of any third party. As a condition of entering this promotion, each Entrant licenses and grants the Promoter, its affiliates, and sublicensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Entry for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
20. If this 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, including but not limited to technical difficulties, unauthorised intervention, or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
21. Nothing in these Terms and Conditions limits, excludes or modifies, or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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 the promotion.
22. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees, and agents) is not responsible for and 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 (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; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize.
23. Entry and continued participation in the promotion is dependent on Entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
24. This promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments, or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an Entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
25. In order to conduct this Promotion, the Promoter needs to collect personal information about each Entrant and may for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, gift suppliers, and regulatory authorities. Participation in the Promotion is conditional on providing this information. It is a condition of entry that the Entrant agrees to be entered into the Nicole Paton Photography database. The Promoter and Nicole Paton may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research, and profiling purposes, including sending electronic messages or telephoning the entrant and for such other purposes. Entrants should direct any request to access, update, or correct information to the Promoter. All personal details of entrants will be stored at the office of the Promoter. Upon the Entrant’s request; all information provided will be removed from our active database. To request details to be removed, please write to Nicole Paton Photography, Unit 1101, 23 Halifax Street,
Macquarie Park, NSW, 2113, Australia Information will be removed as soon as reasonably possible in accordance with applicable laws.
26. All entries remain the property of the Promoter.
27. The collection, use, and disclosure of personal information in connection with the promotion is governed by the Privacy Act 1988 (Cth). By entering the promotion, Entrants agree and consent to the Promoter:
a. using and disclosing the Entrant’s personal information for the purposes of conducting the Promotion, redeeming the prizes and any other matter connected to or incidental to the promotion;
b. using the Entrant’s personal information for the purposes of carrying out marketing, planning, product development, and promotional campaigns, in any media including email and SMS, unless an Entrant otherwise withdraws their consent to the use of their information in this manner; and
c. 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 the promotion (including any outcome), and for any other purpose at the Promoter’s sole discretion
Nice work for getting through all of this! If you made it to the bottom without skimming give yourself a pat on the back and treat yourself to a cookie break :)