Terms and conditions
Timeshavers photo competition
Rules for the “timeshavers” photo contest on Instagram
1. The Timeshavers Instagram photo contest (the Contest) promotion will be conducted by Kidspot.com.au Pty Ltd, ABN 48 111 607 866, at Level 5, 14 Queens Road, Melbourne VIC 3004 (Promoter). The Contest is open to residents of Australia only who are over the age of 18. Employees of SheSpot, News Ltd, justb and Kidspot and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
2. Agreement to Official Rules
Participation in the Contest constitutes entrants full and unconditional agreement to and
acceptance of these Official Rules, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Contest Period
The Contest begins on November 1, 2012 at 9:00 a.m. Eastern Standard Time and
ends on December 1, 2012 at 12 midnight. Eastern Standard Time (the Contest Period).
Entries that are submitted before or after the Contest Period will be disqualified.
Submissions will be accepted for the duration of the Contest through Instagram.
5. How to Enter
In order to take part, entrants should have an Instagram account with a public profile and agree to the terms established by the Instagram network www.instagram.com/legal/terms/. All entries
become the property of promoter and will not be acknowledged or returned. Entrants
- Take a photo of a scene that captures time at your house – a clock, a watch or a scene that shows how you save time.
- Give the photo a title.
- Tag the photo with the “#timeshavers” hashtag, as well as any other hashtags
the author may choose to use.
- Preferably, geotag the photograph, although images not geotagged will not be
excluded from the competition.
- Preferably, publish the photograph on Twitter mentioning the @justbaustralia Twitter account, although photographs without this crosspublish will not be excluded from the competition.
- Upload the photo to the Instagram network, under his/her own user name tagging it with the hashtag #timeshavers.
There is no limit on the number of photos each entrant may submit, and comments on
photographs left by other users will not be taken into account. hotos taken before
the publication of these rules may be entered, as long as they are submitted within the
dates established and comply with the conditions for participation. During the
competition period, justbaustralia and Kidspot may publish any photos considered
appropriate on its Facebook page, http://www.facebook.com/justbaustralia and http://www.facebook.com/kidspotaustralia and on its Twitter account at http://www.twitter.com/justbaustralia and http://www.twitter.com/kidspotsocial in order to
promote the contest.
By submitting photos to the competition, authors confirms these images comply with
the following conditions:
- Photos were taken by the entrant and are their own original work.
- Photos should not feature any obscene, sexually explicit, violent, offensive,
incendiary or defamatory content or material.
- The necessary permission obtained from any individuals who may appear in the
Justb and Kidspot has the right to reject any photos and messages that do
not comply with the above conditions, that may harm the image of our brands and associated sponsors, or that discriminate on grounds of race, sex, religion, opinion or any other
personal or social condition or circumstance.
On or about December 7, 2012, the promoter will select potential winners from among all eligible entries received. The promoter will attempt to notify the potential winner via telephone or email on or about December 8, 2012. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the promoter may select an alternate potential winner in his/her place from the remaining non-winning, eligible entries.
The promoter will be empowered to select the winning photo from amongst the eligible entries. The promoter’s decision shall be final. In the deliberations, the promoter will take into
- The representative nature of the elements “timeshaving”.
- Quality of the image submitted.
- Originality of the image submitted.
In accordance with current intellectual property right law, participants expressively
grant Kidspot and justb, without exclusivity, for a period limited to four years and universally in terms of territory, the rights to the intellectual property embodied in their submissions to the contest. These rights include use on Internet and any industrial property rights that may derive from their use, for the purpose of promoting future photography contests. Moreover, the photos may be used in action to promote the competition. All images submitted to the competition may be shown on webpages and social channels of Kidspot and justb for the sole purpose of promoting any future contests that may be launched. In all cases, the authors of these photos will be credited, in accordance with the information provided by the authors themselves.
7. Winner Notification
The potential winner will be notified by through his/her Instagram profile. Each winner will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within
the required time period (if applicable), or prize is returned as undeliverable, potential
winner forfeits prize. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Promoter will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8- 10 weeks after the conclusion of the Contest.
Grand Prize (1) – $1000 cash
4 weekly prizes of a polaroid camera for the Timeshavers photo caption competition
9. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in
any way for any reason, including, but not limited to fraud, virus, bug, worm,
unauthorized human intervention or other technical problem, or in the event the Contest
is unable to run as planned for any other reason, as determined by Sponsor in its sole
discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to
address the impairment and then resume the Contest in a manner that best conforms to
the spirit of these Official Rules or (b) terminate the Contest and, in the event of
termination, award the prize at random from among the eligible, non-suspect entries
received up to the time of the impairment. The Sponsor reserves the right in its sole
discretion to disqualify any individual it finds to be tampering with the entry process or
the operation of the Contest or to be acting in violation of these Official Rules or in an
unsportsmanlike or disruptive manner. Any attempt by any person to damage the
website or undermine the legitimate operation of the Contest may be a violation of
criminal and civil law, and, should such an attempt be made, the Sponsor reserves the
right to seek damages (including legal fees) and any other remedies from any such
person to the fullest extent permitted by law. Failure by the Sponsor to enforce any
provision of these Official Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the
Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and
promotion agencies, other companies associated with the Sweepstakes, and each of
their respective officers, directors, employees, shareholders, representatives, and
agents (the Released Parties) from and against any claim or cause of action arising out
of participation in the Contest or receipt or use of the prize (including any travel or
activity related thereto), including, but not limited to: (a) any technical errors associated
with the Contest, including lost, interrupted or unavailable Internet Service Provider
(ISP), network, server, wireless service provider, or other connections, availability or
accessibility or miscommunications or failed computer, satellite, telephone, cellular
tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed,
or misdirected transmissions or computer hardware or software malfunctions, failures
or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical,
network, electronic, computer, human, printing or typographical errors; (d)application
downloads, (e) any other errors or problems in connection with the Contest, including,
without limitation, errors that may occur in the administration of the Contest, the
announcement of the winner, the cancellation or postponement of the event and/or the
flyover, if applicable, the incorrect downloading of the application the processing of
entries application downloads or in any Contest-related materials; or (f) injury, death,
losses or damages of any kind, to persons or property which may be caused, directly
or indirectly, in whole or in part, from entrants participation in the Sweepstakes or
acceptance, receipt or misuse of the prize (including any travel or activity related
thereto). Entrant further agrees that in any cause of action, the Released Parties liability
will be limited to the cost of entering and participating in the Contest, and in no event
shall the entrant be entitled to receive attorneys fees. Released Parties are also not
responsible for any incorrect or inaccurate information, whether caused by site users,
tampering, hacking, or by any equipment or programming associated with or utilized in
the Contest. Entrant waives the right to claim any damages whatsoever, including, but
not limited to, punitive, consequential, direct, or indirect damages.
All issues and questions
concerning the construction, validity, interpretation and enforceability of these Official
Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in
connection with the Contest, shall be governed by, and construed in accordance with,
the federal and state laws of Australia and no correspondence will be entered into.
This competition is a game of skill.
Information collected from entrants is subject to the Kidspot
13. The Promoter values its visitors and clients and respects their privacy. The Promoter collects client information in an effort to improve the advertising experience and to communicate about the Promoter’s products, services, and promotions. The Promoter collects visitor email addresses only if voluntarily provided as part of the Promoter’s newsletter subscription or Promotion entry process. The Promoter does not sell or rent personal information to third parties.
14. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
The use of automatic entry software, mechanical or electronic devices that allow an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid. Low quality or non-relevant submissions can be disqualified.
15. Each Entrant warrants to the Promoter that each entry submitted does not infringe the rights of any third party, including but not limited to, copyright, trademarks, trade secrets, privacy, publicity, personal, confidentiality or proprietary rights.
16. The Promoter may remove any entry without notice for any reason whatsoever.
17. All entries submitted become the property of the Promoter. Each Entrant grants the Promoter and the Sponsor, a non-exclusive, royalty-free, worldwide licence without charge to use, reproduce, publish and display any or all of their entry in any of the Promoter’s media or distributions methods, including the Promoter’s website for five years after the end of the Promotion.
18. By entering this Promotion, the Entrant consents to the Promoter’s use of his or her personal details (eg: first name) for any marketing or editorial articles that the Promoter or the Sponsor may choose for an unlimited period without remuneration.
19. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. The Promoter accepts no responsibility for late, lost or misdirected entries.
20. Incomplete, illegible and incomprehensible entries will be deemed invalid and will not be included in the Promotion.
21. The Promoter reserves the right to disqualify any entry where it reasonably suspects that it is prohibited by these terms and conditions, any relevant law, or is otherwise deemed inappropriate. This is at the Promoter’s absolute discretion and discussions will not be entered into.
22. 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 to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
23. If for any reason this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this 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.
24. Prize values are in Australian dollars and are the recommended retail value as provided by the supplier and are correct at time of printing. Prizes are not exchangeable, transferable and cannot be taken as cash.
25. The Promoter, its associated agencies and companies associated with this Promotion will take no responsibility for any prizes damaged or lost in transit. Once the prizes have left the premises of the Promoter, the Promoter’s associated agencies or the companies associated with this Promotion, the Promoter, the Promoter’s associated agencies and the companies associated with this Promotion will not be responsible for any delay, failure to deliver, or damage caused to the prize(s) during transit.
26. Except for any liability that cannot be excluded by law, the Promoter (and their respective 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 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; (f) any tax liability incurred by a winner or entrant; (g) the prize; and/ or (h) participation in the Promotion.
27. The Promoter reserves the right to alter these terms and conditions at any time and Participants agree to adhere to the most recent version.