Photo Competition Terms and Conditions
These terms and conditions for the prize draw are made by KODAK ALARIS Australia Pty. Limited, having its registered office located at 2 Domville Ave, Hawthorn Victoria 3122 (“KODAK ALARIS”) ABN 26 164 376 881; and
(2) YOU (“Contributor” or "You" or “Entrant”).
TERMS AND CONDITIONS FOR THE PRIZE DRAW:
- The competition commences 5th October 2017 at 11:45am AEDT and ends 10th October 2017 at 11:59pm AEDT.
- The competition is open to residents of Australia only. If the winner is under the age of 18, the winner must have permission of a parent or legal guardian.
- For the avoidance of doubt, the Prize Draw is not open to:
3.1 employees of KODAK ALARIS, its subsidiaries and affiliates;
3.2 contract workers of KODAK ALARIS, its subsidiaries and affiliates;
3.3 employees of KODAK ALARIS’ current advertising agencies;
3.4 immediate family members (spouse/domestic partner, parent, sibling, child, etc.) of individuals in categories 1 through 3 above; and
3.5 residents of the same household (whether related or not) of individuals in categories 1 through 3 above
4. Entry is by either of the following methods;
4.1 You must upload a photo onto Your own INSTAGRAM page with the hashtag #kodakmomentsau in the Caption field. In the Caption field, you must also include what makes your photo your Kodak Moment. You must also tag a friend in the comments of our photo competition photo
5. There is no limit to the number of entries per person.
6.This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged, based upon individual creative merit.
7.All content including photos, must be Your own original content and not that of a third-party.
8. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. The judges' decision will be final.
9. At the conclusion of the competition, judging will take place at the offices of Kodak Alaris Australia Pty. Limited, 2 Domville Ave, Hawthorn VIC 3122. The winner will be contacted via social media by KODAK ALARIS.
10. In the event that a prize is unclaimed, additional judging will occur to determine the replacement winning entry. Additional judging will take place at the KODAK ALARIS offices (as listed above); 3 weeks after the original prize judging date. The replacement winning entry will be notified by social media.
11. The prize will consist of a voucher to order a 20x30" canvas using the Kodak Moments App; including delivery to a nominated address in Australia. The vouched must be redeemed by 31st December, 2017. The prize is non-transferrable and cannot be substituted for cash or a replacement product.
12. KODAK ALARIS reserves the right to cancel or amend the Prize Draw, the Main Prize, the rules and the Terms and Conditions of entry at any time and without prior notice. Any changes will be posted either within these Terms and Conditions.
13. GRANT OF RIGHTS
13.1 You hereby grant to KODAK ALARIS the worldwide rights to use, reproduce, store, format, adapt, distribute, display, publicly perform, license, exhibit, broadcast and/or make available and transmit to end users the Content in all media for all purposes, including judging and assessing the Content in relation to the Prize Draw. Further, You hereby grant to KODAK ALARIS the right to use, sub-license, reproduce and display the name and likeness of You for the purposes of marketing and promoting the Content and/or the Prize Draw. Unless You request otherwise, your name and other profile information may be published alongside such material.
13.2 In the event that You are selected as a winner of the Prize Draw:
13.2.1 You hereby further agree to grant to KODAK ALARIS, with full title guarantee, an exclusive licence of all right, title and interest in the Content (including all Intellectual Property Rights in the Content) throughout the world in perpetuity to use, reproduce, distribute, display, publicly perform, exhibit, broadcast, transmit, license and/or make available the Content in any and all media (including without limitation for internet exhibition purposes and/or television and/or cinema advertising). You acknowledge and agree that KODAK ALARIS intends to incorporate your Content into a Film produced by KODAK ALARIS. For the avoidance of doubt, such license to the Content shall survive termination of this Agreement;
13.2.2 You hereby agree, at the request of KODAK ALARIS, to execute all such further documents and do all such further acts as KODAK ALARIS may require;
13.2.3 To the fullest extent legally possible in each country of the world, You hereby agree to irrevocably waive all Moral Rights in and to the Content in relation to all uses thereof by KODAK ALARIS, and its licensees or assignees;
13.3 To the maximum extent permitted by law, You explicitly release, discharge and hold harmless KODAK ALARIS, its affiliates, subsidiaries, successors and assigns, and their respective directors, officers, employees, shareholders, attorneys, representatives and agents from any and all liability, actions, causes of action, damages (whether actual, incidental or consequential), claims and demands whatsoever in law or equity, arising from your participation in the prize draw.
14. Any questions pertaining to this competition must be directed via email to firstname.lastname@example.org
15.1 Each party warrants and covenants to the other party that it has the right and power to enter into and fully perform all of its obligations under this Agreement; it will comply with all applicable laws in the performance of its obligations hereunder; and, it shall bear and pay any and all governmental taxes, duties and customs of any kind, however designated, levied or based in any way upon its own performance of this Agreement or the sale, acquisition, communication or resale of any Content.
15.2 SPECIFIC WARRANTIES AND REPRESENTATIONS
YOU WARRANT AND REPRESENT TO KODAK ALARIS THE FOLLOWING:
15.3 In the event of any breach of the terms and conditions contained in this Agreement by KODAK ALARIS, the aggregate liability of KODAK ALARIS in connection with this Agreement shall be limited to damages which shall not exceed the amount actually received by You hereunder. KODAK ALARIS shall not, in any circumstances, be liable for any indirect, incidental or consequential loss or damage. Nothing in this Agreement shall exclude or limit the liability of KODAK ALARIS for death or personal injury resulting from the negligence of KODAK ALARIS or that of its agents or employees.
15.4 You hereby indemnify KODAK ALARIS (together with its associated, subsidiary and affiliated companies) and shall hold it harmless from and against any and all liability, loss, damages, costs, legal costs and disbursements, professional and other expenses of any nature whatsoever incurred or suffered by it, arising by reason or in consequence of any breach by You of any of your representations, warranties or obligations set out in this Agreement.
16.1 If either party waives any breach of this Agreement committed by the other party, such waiver shall not be deemed to be a waiver of any subsequent similar breach or of any other breach at any time.
16.2 This Agreement is not intended to create and shall create no partnership, client, fiduciary or other professional or employment relationship.
16.3 If any provision of this Agreement shall be determined by any court or other tribunal of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall nevertheless continue in full force and effect. Termination of this Agreement shall not release either party from any of its obligations hereunder which are intended to have a continuing effect.
16.4 This Agreement shall be personal to You, and You shall not be entitled to assign any of its rights or obligations hereunder without the prior written consent of KODAK ALARIS.
16.5 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of its provisions.
16.6 No responsibility or liability is assumed by KODAK ALARIS for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect this Agreement or the Prize Draw: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the KODAK MOMENTS App in whole or in part for any reason; unauthorized human or non-human intervention, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms, or destruction of any aspect of the App, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Prize Draw. KODAK ALARIS shall not be responsible for any typographical errors, or any inaccurate or incorrect data, in relation to the Prize Draw.
16.7 You agree that in the event of any default of any of the terms of this Agreement by KODAK ALARIS (or any third party), your only remedy will be an action at law for damages actually suffered by You (if any) and in no event shall You be entitled to rescind this Agreement or to receive any injunctive or other equitable relief or to restrain the distribution, exhibition, advertising or other exploitation of any Content acquired by KODAK ALARIS hereunder or of any rights granted or assigned under this Agreement.
16.8 All rights and obligations hereunder shall be construed and interpreted in accordance with the laws of England and Wales and the Courts in London shall be the sole court of competent jurisdiction.