Fujifilm Instax – Win a new Fujifilm SP-1 Smartphone Printer #Winstax

FUJIFILM Australia Pty Ltd
“WINSTAX” – Winter Photo Competition
Competition Terms & Conditions

1. Information on how to enter and prizes form part of these Terms & Conditions. Participation in the Competition is deemed acceptance of these Terms & Conditions.

2. The Promoter is FUJIFILM Australia Pty Ltd (ABN 80 000 064 433) of 114 Old Pittwater Road, Brookvale, NSW 2100 (“Promoter”).


3. Subject to paragraphs 4 and 5 below, entry is only open to residents of Australia (“Entrants”).

4. Entrants must be at least 13 years of age or older at the time at which they submit their entry. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter the Competition. The parent or guardian may be called to verify consent and may be required to sign a release at the discretion of the Promoter. The release will also require the winner’s parent or guardian to accept responsibility for the acts and forbearances of the winner. The release must include the full name, address and telephone number of the winner’s parent or legal guardian. Failure to provide such proof, particulars or releases will immediately invalidate the winner’s entitlement to the prize.

5. Employees (and their immediate family members) of the Promoter, agencies associated with the Competition and their related bodies corporate are not eligible to enter the Competition.

6. There is no entry fee and no purchase necessary to enter this Competition.

How to Enter:

7. The Competition commences on Friday 15 August, 2014 at 00:00:01 (AEST) and concludes on Thursday 11 September, 2014 at 23:59:59 (AEST) (“Competition Period”). The Competition will comprise four (4) rounds (each referred to in these Terms and Conditions as a “Round”) which will start and end as follows (each a “Round Period”):


Start Date and Time

End Date and Time


Fri 15/08/14 at 00:00:01 AEST

Thu 21/08/14 at 23:59:59 AEST


Fri 22/08/14 at 00:00:01 AEST

Thu 28/08/14 at 23:59:59 AEST


Fri 29/08/14 at 00:00:01 AEST

Thu 04/09/14 at 23:59:59 AEST


Fri 05/09/14 at 00:00:01 AEST

Thu 11/09/14 at 23:59:59 AEST

8. To enter a Round of the Competition and to be eligible to win a prize, Entrants must, during the relevant Round Period:

Visit http://www.facebook.com/FujifilmInstaxAustralia (“Page”), “Like” the Page (if they have not already done so), and locate and complete the online entry form providing their details including their name, mailing address (which must be an address in Australia) and email address. Failure to provide the requested information will render the entry invalid; and
Submit a photograph and caption which complies with the relevant theme for the relevant Round, as set out on the Page.

9. All photographs will be displayed in a promotional gallery on the Page where they will be subject to public vote. Entrants are encouraged to share the Competition link via Facebook or email encouraging their family and friends to register and to vote for the Entrant’s photograph.

10. To register to vote, individuals must visit the Page and Like the Page(“Voter”). Only one (1) vote per Voter per day is permitted.

11. Without limiting any other terms, photographs must not contain any material determined by the Promoter in its absolute discretion to be obscene, offensive or inappropriate. The Promoter reserves the right, at any time, to refuse to accept any entry or remove any entry from display that it deems, in its absolute discretion, to be obscene, offensive or inappropriate, or infringing upon the rights of any third party.

12. Entries in each Round will not be entered into subsequent Rounds however each entry will still be available in the Page gallery and able to accumulate votes for the purposes of determining the Grand Prize Winner (as defined below.

13. No responsibility can be accepted for entries not received or received late for whatever reason, which are incomplete or which are indecipherable.

14. Entrants may enter a Round once per day, provided that they comply with paragraph 8 in respect of each entry, and further, that each entry is substantially unique.


15. When an Entrant submits any materials as part of the Promotion, including photographs and captions (“Content”), the Entrant, unless the Promoter advises otherwise, licenses and grants the Promoter a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. The Entrant agrees not to assert any moral rights in relation to such use. The Entrant warrants that he or she has the full authority to grant these rights. The Entrant agrees that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter will pre-moderate all Content and may, in its absolute discretion, post the Content in various media or remove any Content without notice for any reason whatsoever. The Entrant warrants and agrees that:

(a) he or she will not submit any Content that is unlawful or fraudulent, or that is in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

(b) his or her Content shall not contain viruses or cause injury or harm to any person or entity;

(c) his or her Content must not have been used in any other competition or promotion or previously released to the general public;

(d) his or her Content will not depict any dangerous or illegal activity; and

(e) he or she will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of this paragraph 15.

Winners and Prizes:

16. There will be three (3) winners determined in each Round (“Round Winners”) (i.e. 12 Round Winners in total) and one (1) overall Competition winner (“Grand Prize Winner”). The three (3) Round Winners per Round will be those Entrants with the three (3) highest numbers of votes based on the number of votes received in the Page gallery during the relevant Round Period. The Grand Prize Winner will be that Entrant with the highest number of votes in the Competition Period based on the number of Votes received in total during the Competition Period.

Entrants can only claim one (1) Round prize throughout the Competition. In the event that an Entrant has previously won a Round prize, the Entrant with the next highest vote count will qualify for the prize. Upon winning a Round the Entrant remains eligible to be the overall Competition winner.

17. In the event of a tie between two (2) or more Entrants for a prize, the Promoter will individually judge each tied entry based on creative merit and originality, and determine the best entry in its absolute discretion.

18. The twelve (12) Round Winners will be notified in writing within 2 (two) days of the relevant Round’s closing date. The Grand Prize Winner will be notified in writing within 2 (two) days of the Competition Period closing date. The twelve (12) Round Winners will each receive a Fujifilm Instax SHARE printer (valued at $249 each), and the Grand Prize Winner will receive 52 packs of Fujifilm Instax film (each pack comprises 10 sheets of film) (valued at $1,000). The Promoter will, at their complete discretion, select the Instax film designs comprised in the Grand Prize Winner prize package. Prize values are based on recommended retail prices.

19. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and the Promoter reserves the right to substitute any prize with another of equivalent value and / or specification. The Promoter is not liable for any damage of shipped prizes.


20. 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.

21. This Competition is a game of skill and chance plays no part in determining the winners.

22. The Promoter’s decision in respect of all matters to do with the Competition will be final and no correspondence will be entered into.

23. The Promoter reserves the right, at any time, to verify the validity of entries (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any Entrant 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 thepromotion. Errors and omissions will 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.

24. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any Entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.

25. If this Competition 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 to: (a) disqualify any Entrant; or (b) modify, suspend, terminate or cancel the Competition, as appropriate.

26. Any cost associated with accessing the Page is the Entrant’s responsibility and is dependent on the internet service provider used. The use of any automated entry or voting software or any other mechanical or electronic means that allows an individual to automatically enter or vote repeatedly is prohibited and will render all entries/votes submitted by that individual invalid.

27. 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 State 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 officers, employees and agents) exclude all liability (including negligence), for any personal injury or any other loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of or connected with the Competition.

28. Except for any liability that cannot by law be excluded, includingthe Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence) for any personal injury or any other loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of or connected with: (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, prize 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 (f) any prize.

29. Entry and continued participation in the Competition is dependent on Entrants and Voters following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php. This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants are providing their information to the Promoter and its agents, and not to any other party. Entrants fully release Facebook from all liability arising out of the Competition.

30. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.fujifilm.com.au/terms-and-conditions/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning an Entrant or Voter. The Privacy Policy also contains information about how indivdiuals may opt out, access, update or correct their PI, how individuals may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.