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Legal Terms and Conditions
GAME OF SKILL
"Precious Pix"
Terms and Conditions
By entering the Precious Pix Promotion ("the Promotion"), you are agreeing to the following terms and conditions (the "Terms and Conditions"):
1. STANDARD TERMS
1.1 Information on how to enter forms part of the terms of entry.
2. ENTRY
2.1 The Promotion is only open to permanent residents of Australia over 16 years of age.
2.2 Directors, officers, employees, contractors and their immediate families of Yahoo!7 Pty Limited and Procter & Gamble Australia Pty Ltd, and associated agencies and companies are not eligible to enter.
3. TO ENTER
3.1 Precious Pix Promotion commences on Monday 22 October 2007 @ 00:01 AEST and concludes on Sunday 20 January 2008 @ 17:00 AEDT.
3.2 To enter the Promotion, upload your favourite photo from your Flickr account ("Photograph") online at www.duracell.com.au/flickr ("Promotion Site") in accordance with these Terms and Conditions. You must have a Flickr account to enter this Promotion.
- Entries must reflect the theme "Precious Pix"
- 5 (five) weekly winners will be selected via user votes ("Weekly Winner"). The Weekly Winners will be the 5 (five) entrants with the most votes.
- 5 (five) final winners ("Major Winners") will be judged by a panel of judges (professional photographers) and will be selected from the pool of Weekly Winners.
3.3 Entries must be uploaded by Sunday 20 January 2008 @ 17:00 AEDT to be included in the judging.
3.4 There is a limit of 30 (thirty) entries per person. Each entrant is only eligible to win one prize.
3.5 All entries remain the property of the Promoter and will not be returned to the entrant.
3.6 As conditions of entry into this Promotion, and by uploading a Photograph, you:
(a) warrant and represent that you own all right to the Photograph you are entering in this Promotion;
(b) warrant and represent that you have obtained permission from each person who appears in the Photograph to enter the Photograph into the Promotion, and to grant the rights to the Promoter described in these Terms and Conditions, and can make written copies of such permissions available to the Promoter upon request;
(c) warrant and represent that your Photograph (i) is original to you and has been legally obtained and created; (ii) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations; (iii) has not been entered in or won previous contests or awards; and
(d) irrevocably grant to the Promoter, the Sponsor and their subsidiaries and affiliated companies, the non-excusive license to use, distribute, reproduce, modify, adapt, and publicly display the Photograph in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party.
4. PRIZES
4.1 There will be a total of 60 (sixty) winners as follows:
- 5 (five) Weekly Winners for 12 weeks (total 60 winners)
- 5 (five) Major Winners selected from the pool of 60 Weekly Winners (together, the "Winners").
4.2 Each Weekly Winner will receive 1 (one) Flickr pro Account valued at no more than $28.09 AUD ("Weekly Prize").
4.3 In addition to the Weekly Prize, each of the major 5 (five) Major Winners will win the "Major Prize" as follows:
(a) have their Photograph included in a Duracell advertisement which will appear on the home page of Yahoo!7 www.yahoo7.com.au; and
(b) receive return flights for 2 (two) people from the capital city of their usual Australian State or Territory of residence, to Sydney, including transfers to and from the airport to the Powerpix Event in Erskinville in Sydney on 21st February 2008. This component of the Major Prize is subject to booking and flight availability.
4.4 Total Major Prize value will not exceed $8,140.40 which includes $100 per Major Winner towards taxi fare to and from Sydney airport to the Powerpix Event. The actual Major Prize value will depend on departure State or Territory of each Major Winner. Prize value is based on retail value of the prize as at the date of printing. The Promoter accepts no responsibility for change in prize value between now and the ultimate date on which the prize is taken. The Major Winners must be available to travel to Sydney on 21st February 2008.
4.5 The Major Winners are responsible for all other expenses related to the Major Prize, including meals, taxes, transport to the airport, insurance and all other ancillary costs. Any fees incurred in any changes to the travel arrangements including any changes to flights, any overnight stays or additional expenses are not included in the Major Prize.
4.6 In participating in the prizes, the Winners agree to participate and co-operate as required in all editorial activities relating to the Promotion, including but not limited to being interviewed and photographed. The Winners hereby grant the Promoter a perpetual and exclusive licence to use such footage and photographs and the Winners will not be entitled to any fee for such use.
4.7 Winners must be 16 years of age or over as at the date of judging.
4.8 If a Major Winner is under the age of 18 as at the date of the draw, an adult 18 years or older must accompany the Major Winner in the participation of the prize, at the Major Winner's expense.
4.9 Prizes are not transferable or redeemable for cash.
5. TO WIN
5.1 Entries must be uploaded in accordance with these Terms and Conditions between Monday 22 October 2007 @ 00:01 AEST and Sunday 20 January 2008 @ 17:00 AEDT (the "Promotion Period") to be a valid entry.
5.2 All Photos will be moderated once per day and the lag time for upload of photos is approximately one day.
5.3 Weekly Winners will be judged at the Promoter's offices at Yahoo!7 Pty Limited (ABN 60 089 187 100) Level 2/Lot 2/Pier 8&9, 23 Hickson Rd, Millers Point NSW 2000 at 17:00 AEST each Friday for the duration of the promotion. Each entrant is only eligible to win one prize. If an entrant has been selected as a Weekly Winner, any additional entries submitted by that entrant will not be eligible for consideration by the judges.
5.4 The Major Winners will be the top 5 (five) Weekly Winners whose entries are judged by a panel of 5 judges (professional photographers) selected by Yahoo!7 and Procter & Gamble to most reflect the theme of "precious pix". The Promotion is a game of skill and chance plays no part in determining the winner.
5.5 Winners will be notified by email and express post letter on the day of the judging. By entering this Promotion, you consent to the Promoter obtaining your email address and postal details from your Yahoo! ID. The judges' decision is final and the Promoter will not enter into correspondence regarding the result.
5.6 It is a condition of accepting a prize that the Winner must comply with all the conditions of use of the prize and prize suppliers' requirements.
5.7 It is a condition of accepting a prize that the Winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
5.8 In participating in the prizes, each Winner agrees to participate and co-operate as required in all editorial activities relating to the Promotion, including but not limited to being interviewed and photographed. Each Winner hereby grants the Promoter a perpetual and non-exclusive licence to use such footage and photographs and the Winners will not be entitled to any fee for such use.
6. NO LIABILITY
6.1 Subject to any restrictions in law, the liability of Yahoo!7 Pty Limited and Procter & Gamble Australia Pty Ltd however arising, whether by breach of any condition or warranty implied by statute or of this agreement or of any duty of tort (including negligence) is limited to the total value of the Prize.
6.2 In addition to any other rights, the Promoter reserves the right at its sole discretion to disqualify any individual who tampers with the entry process or the operation of the Promotion who is determined at the Promoter's absolute discretion to be acting in violation of these Terms and Conditions.
6.3 Yahoo!7 reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select winners from among all eligible entries received prior to the cancellation.
6.4 Yahoo!7 Pty Limited and Procter & Gamble Australia Pty Ltd and their associated agencies and companies will take no responsibility for prizes damaged or lost in transit, or lost, late, misdirected, illegible or mutilated entries or for any computer, online, telephone or technical malfunctions that may occur.
6.5 Yahoo!7 Pty Limited and Procter & Gamble Australia Pty Ltd and their associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur in connection with the Promotion or the Winner's participation in any prize.
7. GENERAL CONDITIONS
7.1 This Promotion is governed by the laws of New South Wales, Australia.
7.2 By entering, you release and hold harmless Yahoo!7 Pty Limited and Procter & Gamble Australia Pty Ltd, and their respective parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in this promotion, or while traveling to, preparing for, or participating in any prize-related activity.
7.3 The Promoter reserves the right to alter these terms and conditions, withdraw any Prize from the Promotion or alter or cancel all or part of the Promotion in its absolute discretion without notice.
7.4 In the event of a dispute, the Promoter's decision is final and no correspondence will be entered into.
8. PROMOTER and SPONSOR DETAILS
8.1 The Promoter is Yahoo!7 Pty Limited (ABN 60 089 187 100) Level 2/Lot 2/Pier 8&9, 23 Hickson Rd, Millers Point NSW 2000
8.2 The sponsor is Procter & Gamble Australia Pty Ltd, (ABN 24 094 969 614) 4th Flr, 1 Innovation Rd North Ryde 2113
8.3 The Promoter is collecting the entrant's personal information for the purpose of conducting and promoting this Promotion (including but not limited to determining and notifying Winners). By entering the Promotion, you agree to the Promoter's use of your personal information as described in Yahoo!7's Privacy Policy, located at http://privacy.yahoo.com/privacy/au/. If you opt-in at the time of entry, the Promoter will share your personal information with the Sponsor, and the Sponsor is solely responsible for its use of that information.
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