TERMS & CONDITIONS - UDESIGN PHOTO TOURS COMPETITION

Terms & Conditions - Udesign Photo Tours Competition - Luxury Travel Magazine

Udesign Photo Books Pty Ltd T/AS Udesign Photo Tours & Luxury Travel & Style Magazine Photography Competition
Terms and Conditions

1. Information on how to enter and prizes form part of these conditions. By participating, entrants agree to the terms and conditions of the Photography Competition for Udesign Photo Tours and Luxury Travel & Style Magazine. All entries must comply with these conditions to be valid.

2. Entry is only open to residents of Australia. However, employees and their immediate families of Udesign Photo Books Pty Ltd, Udesign Photo Tours, Luxury Travel & Style Magazine or any employees from Gadfly Media and their associated agencies and companies are not eligible to enter.

3. The competition commences at 00.01 on 5/4/2012 and concludes at 07.00 on 17/8/2012 (“Entry Period”).

4. To enter:
Participants must fill out the online entry form and upload their photograph submission in the same form.

5. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter.

6. Entries must be received by “the Promoter” (Luxury Travel & Style Magazine and Udesign Photo Books Pty Ltd T/AS Udesign Photo Tours) during the Entry Period. Entries received after the end date will not count towards the competition. Incomplete entries will be deemed invalid.

7. Entrants in the competition may only enter once. Multiple entries are not accepted. Only one prize per person will be awarded.

8. This competition is a game of skill. Chance plays no part in determining the winner. All entries will be judged individually on their merits based on originality and creativity. The best entry as determined by the judges, will win the major prize.

9. By entering the competition, all participants hereby assign to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the participation in any aspect of the competition (“Works”). The entrant acknowledges that the Promoter is free to use the Works and to participant its rights in relation thereto and the participant will not be entitled to any fee for such use. By entering the competition, participants agree to have their Works published in print and online in any Luxury Travel & Style Magazine or Udesign Photo Tours publication or website at any time in the future, as well as any Luxury Travel & Style Magazine or Udesign Photo Tours promotion at any time in the future, and will not be entitled to any fee for such use.

10. By entering the competition, all participants hereby agree and warrent that:
(i) all details provided with your entry are true and accurate;
(ii) you have all necessary rights and licenses to grant the rights set out in these Terms and Conditions;
(iii) the photograph entered is an original work;
(iv) you are the copyright owner or authorised licensor of all copyright works and subject matter comprising the photograph or Works;
(v) the exercise of the rights granted to the Promoter in these Terms and Conditions will not infringe the rights of any third parties;and you will indemnify the Promoter against any loss or damage resulting from any breach of these warranties.

11. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

12. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

13. The time of entry will in each case be the time the entry is received by the Promoter. The Promoter accepts no responsibility for any late, lost or misdirected entries including entries not received by the Promoter or delays in the delivery of the entry due to technical disruptions, network congestion or for any other reason.

14. There will be a total of 10 winners: 5 monthly prize winners (prizes of equal value), 2 stage prize winners (1 stage one and 1 stage two prize winner) and 3 major prize winners (1 first, 1 first runner up and 1 second runner up prize winner).

15. The Major Prizes:

First Major Prize
The first major prize winner, as selected by the judges, will receive a trip for two (2) to New York for a group tour valued up to A$15,000 (incl. GST). The prize includes:
  • Two economy return airfares from Sydney or Melbourne to New York.
  • 10 nights in a double room at a minimum 4-star hotel in New York
  • Round trip airport to hotel group transfers
  • Seven (7) day New York Metro-Card
  • Full day hop-on hop-off bus tour accompanied by Udesign Photo Tour Guide
  • Entrance to the International Center of Photography
  • Entrance to the Museum of Modern Arts (MoMA)
  • Ferry to the Statue of Liberty and Ellis Island including admission to the Immigration Museum
  • Entrance to the Observation Deck of the Empire State Building
  • Entrance to Guggenheim Museum
  • A$199 Udesign Photo Book voucher
  • Prize must be booked by 30/9/2012 to be taken from 30/9/2012 to 28/9/2013.

First Runner Up Prize
The first runner up major prize winner, as selected by the judges, will receive a Hasselblad 7 Day Rental Package, valued at up to A$3,500, which includes: rental of camera body and lens for 7 days and tutorage in operation of equipment.

Second Runner Up Prize
The second runner up major prize winner, as selected by the judges, will receive a Pentax K-01 Digital SLR Camera Package valued at A$2,500 (incl. GST). The package includes a K-01 Digital camera, 18-55mm Pentax lens, complete battery and strap.

16. The Stage Prizes:

Stage one prize:
The stage one prize winner, as selected by the judges, will receive a Pentax RZ18 Digital Compact Camera valued at A$249 (incl. GST).

Stage two prize:
The stage two prize winner, as selected by the judges, will receive a Pentax Q Interchangeable Lens Camera and a 8.5mm lens valued at A$699 (incl. GST).

17. The Monthly Prizes:

Each monthly prize winner, as selected by the judges, will receive a Udesign Photobook Voucher valued at A$199 (incl. GST). There will be five winners in total.

18. Total prize pool value is up to A$22,945 (incl. GST).

19. The prizes in this competition cannot be transferred and cannot be redeemed for cash. The Promoter accepts no responsibility for any variation in the value of the prize (or part thereof).


For the First Major Prize:

20. The winner and their companion are responsible for all other expenses including spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, taxes (including departure taxes), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is compulsory to protect against the additional costs incurred in the event of unforeseen circumstances.

21. The winner and travelling companion must travel at the same time, must depart from the same capital city and are responsible for transport from their residence (including domestic flights) to either Sydney or Melbourne International Airports for flight departure.

22. Government taxes are an additional cost to the winners and their travelling companions and are required prior to ticketing.

23. If the winner is under the age of 18 as at the date of the draw, an adult must accompany the minor in the participation of the prize.

24. The prize must be taken from 30/9/2012 to 28/9/2013 and is subject to tour dates, hotel and flight availability. The prize is not available during peak times such as public holidays and school holidays (if applicable) and cannot be changed once the booking has been made.

25. Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline.

26. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. Once accommodation vouchers are issued they are non-changeable.

27. It is the traveller’s personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s.

28. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.

29. The promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.

30. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

31. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

32. Luxury Travel & Style Magazine and Udesign Photo Books Pty Ltd T/AS Udesign Photo Tours make no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade.

33. If the 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 State Regulation.

For the First Runner-Up Major Prize:

34. For the Hasselblad 7 Day Rental package Udesign Photo Books Pty Ltd will arrange insurance coverage for the rental period to the value of A$40,000. By entering the competition, entrants agree to comply with the terms and conditions of the Hasselblad Rental package as determined by Hasselblad Australia should they win this prize.

35. Unless expressly stated in these terms and conditions all other expenses (including installation costs, travel to and from the venue, cost of film and photo developing) become the responsibility of the winner.

36. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

37. If the 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 State Regulation.


For the Second Runner-Up Major Prize, Stage Prizes and Monthly Prizes:

38. If the 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 State Regulation.

39. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.

40. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

41. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

42. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

43. Each valid entrant who has entered the competition over the duration of the promotional period will be included in the prize judging. Monthly prize periods and judging is not based on calendar months. The monthly prize judgings are scheduled to take place on 30/4/12, 25/5/12, 29/6/12, 31/7/12 and 17/8/12. The judging of the stage prizes will take place on 25/5/12 and 17/8/12. The major prize judging will take place on 17/8/12.

44. The Promoter reserves the right to change judging and competition dates in the case of any unforeseen scheduling difficulties. Each entry received will be included in the judging of one monthly prize only (not necessarily in the same month the entry was received), one stage prize only and the grand prize judging.

45. The prizewinners will be notified on the day of the relevant prize judging by a representative of Luxury Travel & Style Magazine.

46. Prizes will only be awarded to the person stated in the entry.

47. Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter.

48. For the Major Prize:

49. Travel must be booked by 30/9/2012 to be taken from 30/9/2012 to 28/9/2013 at a time specified by the Promoter and must coincide with the dates of the scheduled Udesign Photo Tour. If a winner and travelling companion are, for whatever reason, unable to travel on a nominated date, or do not take an element of the prize within the time stipulated by the Promoter then that element of the prize will be forfeited by the winner. Cash will not be awarded in lieu of the prize or element thereof.

50. The major prize must be booked by 30/9/2012 and if the major prize remains unallocated or unclaimed, a further draw will be conducted by a representative from Luxury Travel & Style Magazine and the new winner must be notified within 7 Days from the re-draw and Udesign Photo Books T/AS Udesign Photo Tours must be notified of any changes.

51. For 1st Runner Up Prize: The Hasselblad 7 day rental package must be booked and taken between 14/9/2012 and 14/3/2013. Subject to any direction given under relevant State legislation, an unclaimed prize draw will take place at the offices of Luxury Travel & Style Magazine and the new winner must be notified within 7 Days from the re-draw and Udesign Photo Books T/AS Udesign Photo Tours must be notified of any changes.

52. For All Other Prizes: Subject to any direction given under relevant State legislation, an unclaimed prize draw will take place at the offices of Luxury Travel & Style Magazine and the new winner must be notified within 7 Days from the re-draw and Udesign Photo Books T/AS Udesign Photo Tours must be notified of any changes.

53. The promoter’s decision is final and the promoter will not enter into correspondence regarding the Competition result.

54. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.

55. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.

56. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.

57. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, network failure, theft or destruction or unauthorised access to or alteration of entries.

58. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter 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 the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

59. The Promoter, Udesign Photo Books Pty Ltd T/AS Udesign Photo Tours and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.

60. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or 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, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.

61. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent.

62. By entering, participants consent to Luxury Travel & Style Magazine collecting the participant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winner). By entering, participants also consent to having their personal information disclosed to Udesign Photo Books Pty Ltd T/AS Udesign Photo Tours for this purpose.

63. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.