Social Media Photography Competition Terms and Conditions

Celebrating 70 years of Porsche Australia | Porsche Cars Australia

Promoter

1. The Promoter is Porsche Cars Australia Pty Ltd (“Promoter”) (ABN: 67 004 327 048) of (109 – 111 Victoria Parade, Collingwood 3066), email: [email protected].

2. Noisy Beast Pty Ltd (ABN: 23 157 868 534) of (4/29 Cromwell Street Collingwood VIC 3066 Australia), telephone 03 8306 3950: is the Promoter’s agent that will be facilitating this competition (“Agency”).

Terms and Conditions

3. Information on how to enter the ‘Celebrating 70 years of Porsche Australia’ promotion (“Competition”), the competition period, prize details and other relevant information forms part of these terms and conditions (“Conditions of Entry”).

4. Entry into the Competition is deemed acceptance of these Conditions of Entry and the Promoter’s Privacy Policy which can be viewed at https://www.porsche.com/australia/privacy-policy/. Entrants’ personal information will be dealt with in accordance with the law and the Promoter’s Privacy Policy. Immediately upon submission by an entrant, entries become the sole property of the Promoter.

Who Can Enter

5. Entry is only open to Australian residents aged 18 years or older.

6. Directors and employees of the Promoter and Agency including their immediate families, agencies and companies associated with this Competition are ineligible to enter. Staff working for Porsche Dealers are free to submit photos but are not eligible to compete in the Competition for a prize.

7. The Promoter with the assistance of the Agency is responsible for determining whether a person is an eligible entrant in its absolute discretion.

Competition Period

8. The Competition commences on Friday 11 December 2020 at 9:00am Australian Eastern Standard Time (“AEST”) and concludes on Friday 19 March 2021at 12:00pm AEST (“Competition Period”).

9. At the start of each fortnight during the Competition Period a new theme applies to the entries submitted by participants entering the Competition within a particular fortnight. The timing of each fortnight and associated themes of each fortnight are:

  1. Fortnight 1 (9am AEST 13/12/2020 – 12pm AEST 25/12/2020) – theme is ‘Porsche Enthusiasts”;
  2. Fortnight 2 (12.01pm AEST 27/12/2020 – 12pm AEST 08/01/2021) – theme is “Heritage”;
  3. Fortnight 3 (12.01pm AEST 10/01/2021 – 12pm AEST 22/01/2021) – theme is “Australia”;
  4. Fortnight 4 (12.01pm AEST 24/01/2021) – 12pm AEST 05/02/2021) – theme is “Journey”;
  5. Fortnight 5 (12.01pm AEST 07/02/2021) – 12pm AEST 19/02/2021) – theme is “Design”;
  6. Fortnight 6 (12.01pm AEST 21/02/2021) – 12pm AEST 05/03/2021) – theme is “Lifestyle”;
  7. Fortnight 7 (12.01pm AEST 07/03/2021) – 12pm AEST 19/03/2021) – theme is “Passion”;

10. The themes for each fortnight of the Competition are referred to as “Themes” in these Conditions of Entry.

How To Enter

11. This is a game of skill. Chance plays no part in determining the winner.

12. To enter participants must, during the Competition Period:

  1. have valid and ongoing access to a non-commercial (individuals only) profile with Instagram;
  2. be following @porscheaus on Instagram;
  3. publish a photo to their public Instagram profile that:
    1. demonstrates how the participant connects with the Theme that applies to the fortnight of the Competition Period in which the participant is entering the Competition; and
    2. tag @porscheaus; and
    3. include the hashtag #70YearsPorscheAus.

13. Participants may submit more than one entry during the Competition Period but each entry must be different.

Entries

14. A valid entry will be deemed to be received at the time when the entry appears in the news feed functionality of Instagram and not at the time the participant publishes their photo (if the two are different).

15. The Promoter accepts no responsibility for late, lost, misdirected, indecipherable, incorrect or incomplete entries.

16. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.

17. Each entry made by a participant must remain publicly available on Instagram during the Competition Period.

18. The Promoter reserves the right, at any time, to verify the validity of entries and participants (including the participants identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached these Conditions of Entry, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. Errors and omissions will be addressed by the Promoter in its sole 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.

19. If there is a dispute as to the identity of the entrant, the Promoter reserves the right, in its sole discretion, to determine whether the entrant will be allowed to continue participating in the Competition.

20. All entrants must have completed the required steps as outlined in the “How To Enter” section of these Conditions of Entry to participate in the Competition.

Entry Materials and Consent

21. Entries must be the original independent creation of the entrant and be free of any claims, including third party copyright or trademark claims. By entering into the Competition, the entrant immediately provides the Promoter and its related entities an exclusive licence and right to reproduce any intellectual property right in the photos they publish to Instagram, for future promotional, marketing and publicity purposes in any media worldwide without notice for a period of 12 months in relation to the promotion of this Competition and without any fee being paid. In this clause, intellectual property right means all present and future copyright, design, trademark and trade name or other intellectual proprietary rights (including moral rights), or any application for any of the same, and any equivalent rights, whether registered or unregistered.

22. Entrants agree to have their name and state published on the Promoter’s social media channels or website (https://newsroom.porsche.com/en_AU.html) and Instagram.

23. Where a promotion is conducted on Instagram, entrants release Instagram (as applicable) from any liability arising in connection with a promotion. Entrants acknowledge that any promotion conducted via the Instagram platforms is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.

24. Entrants agree that they are fully responsible for any materials they submit for a promotion (“Content”). The Promoter shall not be liable in any way for such 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:

  1. 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;
  2. content must abide by Instagram guidelines located at: (https://help.instagram.com/478745558852511?helpref=faq_content) and not breach Instagram’s community rules located at: (https://help.instagram.com/477434105621119/?helpref=hc_fnav&bc[0]=Instagram%20Help&bc[1]=Privacy%20and%20Safety%20Center) in any way
  3. their Content shall not contain viruses or cause injury or harm to any person or entity;
  4. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; and
  5. 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, entrants agree to indemnify the Promoter for any breach of the above terms.

Judging

25. Valid entries received during the Competition Period will be judged each fortnight (on a Friday after 12:00pm AEST or on the next business day if a judging day falls on a public holiday) by the Promoter and Agency remotely or at Level 1, 4/29 Cromwell Street, Collingwood, VIC, Australia, 3066.

26. The major prize winner will be determined on Friday 19 March 2021 remotely or at Level 1, 4/29 Cromwell Street, Collingwood, VIC, Australia, 3066.

27. The judges’ decision is final. No discussion or correspondence will be entered into.

28. Entries will be judged by a panel of the Promoter’s and/or Agency’s representatives who will judge the creativity of the entry along with how well the participant has captured the relevant Theme in the entry. The judging panel will also confirm that all of the requirements outlined in the “How To Enter” part of the Conditions of Entry have been satisfied.

29. The Promoter and Agency representatives may judge or draw additional reserve entries so that in the event an invalid entry or ineligible entrant is selected or drawn (or the winner/s or major prize winner does not take the prize), a new winner will be selected in accordance with these Conditions of Entry.

Winners & Prizes

30. There will be ten (10) minor winners per fortnight and one (1) major winner selected from the list of seventy (70) minor winners that are determined over the 7 fortnights. The major winner will be announced on Saturday 20 March via Instagram.

Fortnightly Prize Winners

31. Each fortnightly/minor winner will receive a curated pack of Porsche merchandise reflective of the Theme applicable to their entry. Each merchandise prize pack is valued at between $500 and $900 RRP.

Major Prize Winner

32. One (1) major prize winner will receive a luxury getaway including:

  1. the use of a Porsche Taycan in Brisbane, QLD for up to 3 days valued at up to $4,500 (subject to signing a Loan Agreement, a copy of this agreement can be made available upon request);
  2. if the winner resides outside Queensland and upon the winner producing satisfactory evidence of the flight booking and payment thereof, the Promoter will contribute up to a maximum of $1000 for a return flight from the winner’s nearest Australian Capital city to Brisbane Airport;
  3. accommodation for two nights at the Calile hotel in Brisbane to a maximum amount of $1,000 RRP;
  4. a Level 1 Porsche Precision Track Experience course at RACQ Mobility Centre of Excellence in Cornubia Queensland with a value of $1,595 RRP (subject to the winner signing the Promoter’s usual Porsche Track Experience deed, a copy of this deed can be made available upon request); and
  5. a meal and drinks voucher for up to $350 RRP for Hellenika at The Calile restaurant in Brisbane.

33. The major prize has a total major prize value up to $8,445 RRP.

34. If the major prize or any part of it is unavailable for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to any law or regulation.

35. The estimated prize value is based upon the recommended Australian 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.

Verification

36. The winner(s) of the Competition will be awarded at the sole discretion of the Promoter and its agency representatives following all the Promoter’s validation and verification requirements being met to its satisfaction. In the event that an entrant or winner cannot provide suitable validation or verification within the time requested by the Promoter, they will forfeit their right to a prize and no substitute will be offered.

Prize Terms

37. The winner/s are responsible for organising and paying all costs and expenses associated with use of the prize/s including but not limited to transport, parking, insurance, transfers, in-room purchases and spending money (as applicable).

38. In unforeseen circumstances, including but not limited to any travel restrictions as a result of the COVID-19 pandemic, the Porsche Precision Track Experience element or any other element of the prize may be changed by the Promoter.

39. The major prize must be taken between 1 January 2021 and 31 December 2021. The prize is subject to availability of Precision course spaces at the RACQ Mobility Centre of Excellence. The Porsche Precision Track Experience element is not available during peak times such as public holidays, school holidays, nor during the Easter and Christmas festive periods. The prize cannot be changed by the major prize winner once the booking has been made. It is recommended that the winner arrange their prize as early as possible to secure a convenient date.

40. To participate in the Porsche Precision Track Experience, the major prize winner must bring with them a current Australian Drivers licence (minimum of probationary), with non-permanent Australian residents to show a full international driver’s licence. All regular terms and conditions of participation at a Porsche event or at the RACQ Mobility Centre of Excellence must be met and the prize winner will be required to sign a Deed of Release (copy available upon request).

41. The Promoter reserves the right to refuse to allow the winner to take part in any or all aspects of the Porsche Precision Track Experience element of the prize, if the Promoter determines, in their absolute discretion, that the winner is not in the mental or physical condition necessary to be able to safely participate in any or all aspects of the prize.

42. All elements of the prize must be taken in full subject to the winner qualifying for each element of the prize. In the event that for any reason whatsoever the 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.

43. Payment of the prize in cash or as a non-cash asset and the exchange or transfer of the prize to another person is strictly prohibited.

44. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances. The major prize winner is responsible for ensuring that they are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. The Promoter is neither responsible nor liable for any cancellation, delay or rescheduling of flights, and any costs incurred as a result (including, without limitation, flight accommodation and travel costs) will be the sole responsibility of the major prize winner.

Prize Details and Prize Restrictions

45. Prizes are not exchangeable or redeemable for cash. Prizes must be taken as offered or directed by the Promoter and may only be varied at the sole discretion of the Promoter.

46. In the event for any reason the prize winner does not take the whole or an element of a prize as stipulated by the Promoter then the whole or that element of the prize will be forfeited by the prize winner and no substitute or compensation will be supplied in lieu of the prize or that element of the prize.

47. As a condition of accepting a prize, the prize winner and any companion(s) must sign any usual legal documentation as and in the form required by the Promoter and/or prize providers in their absolute discretion, including but not limited to a release and indemnity deed.

48. Participation in or acceptance of a prize by a prize winner may be subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in the prizes (Third Party Terms).

49. Prize participants are responsible for compliance with all applicable Third-Party Terms and bear all risks associated with failure to comply with any of them. The Promoter assumes no liability (and will provide no compensation) to any prize winner and/or companion(s) who, as a result of any failure to comply with any Third-Party Terms:

  1. are unable to participate in the prize (or any part of it); or
  2. suffer any other loss or damage.

50. Prizes cannot be sold, transferred, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured.

Notification of Winner(s)

Fortnightly Winners

51. Fortnightly prize winners will be notified in writing via the direct message function on Instagram within 5 business days of being selected by the judges.

52. Fortnightly winners must claim prizes by no later than 14 business days from the written notification being sent to them by sending a direct message to @porscheaus on Instagram with their full name, postal address and phone number.

53. The merchandise prize pack will be posted directly to the winners upon receiving their address.

Major Prize Winner

54. The major prize winner will be notified in writing via the direct message function on Instagram within 5 business days of being selected by the judges.

55. The major prize winner must claim the prize by no later than 14 business days from the written notification being sent to them by sending a direct message to @porscheaus on Instagram with their full name, postal address and phone number.

56. If the major prize winner does not claim the prize within the specified timeframe then that winner forfeits all entitlements to the prize and all components thereof.

Unclaimed Prizes

57. Subject to any direction given under relevant legislation, any unclaimed prizes may be awarded to an alternative winner selected by the judges as a reserve entry in line with these Conditions of Entry. The alternative winner will be notified in writing via direct message on Instagram.

58. The alternative winner will be sent a direct message via Instagram to coordinate their prize. If the alternative winner does not claim the prize in writing within 5 days of being informed, then that winner forfeits all entitlements to the prize and all components thereof.

Publication

59. The prize winners Instagram handles will be published via an Instagram post by the Promoter or Agency following notification of being a winner via the direct message function on Instagram. By entering the competition prize winner’s consent for their names to be published.

General

60. 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 pandemic (including COVID-19), vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war or 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 written directions given under any law or regulation.

61. If more than one person attempts to claim a prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.

62. The Promoter may vary the Conditions of Entry of the Competition, the entry mechanic or the prizes at any time. The Promoter may cancel or suspend a promotion at any time in its sole discretion.

63. The Promoter shall not be liable for a prize being lost, stolen, damaged or tampered with in any way before they reach the winner or after they have been released to the winners.

64. If the Promoter is unable to provide the winner with a prize, the Promoter reserves its rights to supply an alternative prize of similar monetary value to that prize, subject to any directions given by state and/or territory gaming departments.

65. The Promoter does not warrant that the entry mechanisms will be available at all times during the promotion period.

66. The Promoter (including its officers, employees, contractors and/or representatives) shall not be liable (including for any negligence) for any loss or damage whatsoever which is suffered (including but not limited to direct, indirect, special or consequential loss or damage) or for any personal injury suffered or sustained in any way in connection with accepting any prize, except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or for 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, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries. Nothing in these Terms and Conditions alters an individual’s statutory guarantees as set out in the Australian Consumer Law or similar State and Territory laws.

67. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a prize. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize. Additional spending money, meals, taxes, insurance (including travel insurance), transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other expenses and ancillary costs are not included.

68. Prize winners must, at the Promoter’s reasonable request, participate in any promotion activity (such as publicity and photography) relating to the winning and fulfilment of a prize, free of charge, and they consent to the Promoter using their name and imagery in any future promotional material related to this Competition.

69. Time is of the essence in these Conditions of Entry. Participants must strictly comply with all time requirements set out in these Conditions of Entry.


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