1. This document sets out the terms of participation in the NPS MedicineWise World Antibiotic Awareness Week 2018 Social Media Photo Competition (the "Competition").
2. The Competition is open to all Australian companies or organisations that have a Twitter, Facebook or Instagram account (“Entrants”).
3. Employees of NPS MedicineWise (“the Promoter”) and their immediate families and any organisation or individuals associated with the provision of the prizes are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. Each entry must be made in accordance with these Terms and Conditions. By entering the Competition, Entrants agree to be bound by these Terms and Conditions.
5. The Promoter reserves the right, at any time, to verify the eligibility of entries and the Entrants (including an Entrant’s identity and location) and reserves the right, in its sole discretion, to disqualify any individual 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 conduct calculated to jeopardise fair and proper conduct of the Competition. Errors and omissions may 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.
6. Entry into the Competition is free. Only one (1) entry is permitted per Entrant for the duration of the Competition Period (defined below).
7. The Competition opens at 7:00 am AEST Monday 12 November and closes at 11:59 pm AEST on Sunday 18 November 2018 ("Competition Period").
8. Any entry received outside the Competition Period will be deemed invalid. No responsibility is accepted for late, lost, delayed or incorrect entries.
How to enter
9. The Promoter will promote this Competition in NPS MedicineWise branded electronic mail and on social media prior to World Antibiotic Awareness Week 2018.
10. To enter, Entrants must complete the following steps:
a. Entrants must follow @npsmedicinewise on Twitter, Facebook, or Instagram. Entrants must upload an image of their completed event kit onto their own Twitter, Instagram or Facebook account, use the hashtags #AntibioticResistance and #WAAWcomp and tag @npsmedicinewise. Entrants must tag @npsmedicinewise, #AntibioticResistance and #WAAWcomp for their Entry to be valid.
b. By entering this Competition Entrants automatically agree to these Terms and Conditions located on the webpage (http://www.nps.org.au/waaw-terms) (“Campaign Page”).
11. Entrants must ensure that their Twitter, Facebook or Instagram account is set to public (not private) in order to be eligible to participate.
12. Incomplete or indecipherable entries will be deemed invalid.
13. 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.
How to win and the prizes
14. There will be one (1) prize winner for the duration of the campaign. The judging of the entries received will take place at NPS MedicineWise, Level 7, 418A Elizabeth St, Sydney NSW 2010 at 11:00 am on Monday 19 November 2018. This is a game of skill and chance plays no part in determining the winner. The entries received will be individually judged against all other entries received, based on the originality, and creative merit. The judges may select additional reserve entries, which they determine to be the next best, and record them in order of merit, in case of an invalid entry, ineligible entrant or unclaimed prize. The winner will be notified via Twitter, Facebook or Instagram private message and will be asked to advise their physical address for prize delivery. The Promoter will publish a Twitter, Facebook and Instagram post to their account advising that a winner has been selected and announce the winner.
15. A total of one (1) prize winner will be selected. The best valid entry (“Prize Winner”), as determined by the judges, will win a morning tea for their office valued at up to $250 (depending on the size and scale of their office) and $250 donation to the registered health charity of the winners choice. Total Prize Value: $500
16. The prize will be sent to the winner’s office by 30 November on a day/time suitable to the entrant.
17. The prize, or any unused portion of a prize, cannot be exchanged or transferred and cannot be redeemed for cash.
18. In the event that a prize (or part of prize) becomes unavailable due to circumstances beyond the Promoter's control, the Promoter reserves the right to substitute the Prize (or that part of the Prize) with a similar product to the same or greater value as the original prize.
19. If for any reason a winner does not take or claim a prize by the time stipulated by the Promoter, then the prize will be forfeited.
20. Entrants agree that they are fully responsible for any materials they submit via the Competition. The Promoter shall not be liable in any way for Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
a. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem 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. their Content shall not contain viruses or cause injury or harm to any person or entity;
c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d. the Content is the original literary work of the entrant that does not infringe the rights of any third party;
e. they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
f. they 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 agrees to indemnify the Promoter for any breach of the above terms.
21. As a condition of entering this Competition, each Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
22. Decisions of the Promoter are final and will be binding on each person who enters the Competition and no correspondence will be entered into.
23. If there is any event outside of the control of the Promoter that prevents or hinders the Promoter's conduct of the Competition or the Promoter's ability to deliver the prize to the winner, the Promoter may, in its discretion, cancel the Competition and may recommence it at another time under the same or various conditions, subject to any applicable laws.
24. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
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:
a. to disqualify any Entrant; or
b. to modify, suspend, terminate or cancel the Competition, as appropriate.
26. Any cost associated with accessing the Campaign Page, Facebook or Twitter Page is the Entrant’s responsibility and is dependent on the Internet service provider used.
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 States 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 respective officers, employees and agents) excludes 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 Competition.
28. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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:
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 tax liability incurred by a Winner or an Entrant; or
e. use/redemption of a Prize.
29. This promotion is in no way sponsored, endorsed or administered by, or associated with Twitter, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Twitter, Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Twitter, Facebook or Instagram. Twitter, Facebook or Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.