Terms and Conditions
These Terms and Conditions apply to the ‘It’s Our Life" competition (the “Competition”).
- You (the “Entrant”) will be governed by these Terms & Conditions.
- The Competition is being run and promoted by Our GEMS WA, (the “Promoter”), PO Box 2673, Boulder WA 6432, ABN: 50 990 856 715.
- Participation in this Competition is deemed acceptance of these terms and conditions of entry. For the entrant to be considered eligible, they must have executed the entry requirements. The Promoter may in their discretion refuse to award any prize to any Entrant who fails to comply with these Terms and Conditions.
- Entry to the Competition is via Our Gems WA Facebook page (https://www.facebook.com/ourgemswa/)
- The Competition is open to anyone, except those directly involved in the judging (including their families and relatives).
- Employees of sponsors who have not been directly involved in the organisation of this Competition, are eligible to enter.
2.0 Who can enter?
2.1 Photographers must reside in the Goldfields Esperance region.
2.2. Photographs entered in the competition must depict locations from within the current Goldfields Esperance region boundaries. Refer to, http://www.gedc.wa.gov.au/our-region/local-government, if you are unsure.
2.3 The Competition is open to professional photographers, amateurs and enthusiasts.
2.4 There is no age limit on entering the Competition. For participants under 18 years of age a parent or guardian consent is required. The consenting guardian is then bound by these Terms and Conditions.
3.0 How to enter
3.1 Entries will be accepted from 1st August 2019 to 30th September 2019. No entries will be accepted after 11:59pm 30th September 2019.
3.2 Entrants must choose the appropriate category for their image. The same image can be uploaded multiple times and entered into different categories. The entrant may enter as many images as they like into the competition -into one -or multiple categories and each 'entry' allows up to 5 images.
3.3 Photographs must have been taken by the entrant submitting them.
3.4 Photographs must have been taken after 1 January 2018.
3.5 Photographs may be taken digitally, using film or on phone cameras provided they are of a high print quality at A4 size.
3.6 Photographs must be submitted in colour.
3.7 Photographs must be submitted in a JPG digital format. Each photo must not exceed 5MB.
3.8 Photographs may be edited to adjust ‘errors’ in composition, exposure, brightness and contrast, however content must not be removed, added, altered or distorted beyond the truth of the original photograph. The judges reserve the right to request the original image if they suspect excessive retouching has been performed.
3.9 An entry fee of $10 AUD (GST inclusive) and allows up to 5 images. This is considered one Entry. All Entrants will be provided with Coffee-table’ book, containing the Runners’ up and Winners’ Photographs.
3.10 All entry fees and prize monies are to be processed via PayPal online payments.
3.11 The categories are:
3.11.1 Nature - Images must relate to the natural environment of the Goldfields Esperance region. This includes landscapes and waterscapes, flora and fauna – all in their natural state.
3.11.2 Heritage and Architecture - Entries into this category must depict the built environment in some form – encompassing man-made buildings/sculptures/statues/monuments etc.
3.11.3 People, Culture & Communities - Photographs should depict the characteristics of family, music, dance and arts, language, religion, bush tucker, adventure etc.
3.11.4 Junior - This category is open to students under 18 years of age on 31 September 2019 and can feature either Nature; Heritage and Architecture or People, Culture & Community.
4.0 Submission guidelines
4.1 All photos are to be named in the following format: First Name_Last Name_Image Title
4.2 Each entry must be an original photograph produced entirely by the entrant. It must not contain any trademarks or copyright material owned whole or in part by a third party or violate any persons’ rights of privacy.
4.3 No retouching or post-production can be derived from a third party.
4.4 All details provided by the entrant must be true and accurate.
4.5 Where there is an identifiable person in an image submitted, the entrant is responsible for obtaining the appropriate permissions.
4.6 The image must not contain any material or content that is infringing, threatening, false, misleading, abusive, harassing, defamatory, vulgar, obscene, pornographic, or profane.
4.7 The image must not plagiarise the work of any other person.
4.8 The image must not contain any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability or otherwise violate any law of Western Australia.
4.9 You must not upload or send any content which might disturb or damage the Promoter’s website or reputation.
4.10 Entries that are found to breach these Terms and Conditions, will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. The winners may be required to sign a statutory declaration regarding the originality of the entry. Without limiting the generality of the foregoing, the Promoter reserves the right to take legal action against anyone found to have breached these terms. 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 are reserved.
5.1 The judging process will be decided by the Promoter’s judging team, comprising prominent regional representatives, through a criterion judging system.
5.2 The judges’ decision in relation to any aspect of the Competition is final and binding on each person who enters. Chance plays no part in determining any winner. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries.
6.1 Each category will have its own winner, totalling four category winners, and runners up.
6.2 These prizes consist of:
6.2.1 AngloGold Ashanti - Nature Category Winner: $1000
Three runners up: $100 each
6.2.2 AngloGold Ashanti - Heritage and Architecture Category Winner: $1000
Three runners up: $100 each
6.2.3 AngloGold Ashanti - People, Culture and Communities Category Winner: $1000
Three runners up: $100 each
6.2.4 AngloGold Ashanti - Junior Category Winner: $500
One runner up $100
6.3 To be awarded as the winners, the winners must be agreed upon by the majority of the judging panel.
6.4 Winners will be announced on 8 November 2019 through the Promoters website and social media avenues.
6.5 Any winner subsequently found by the Promoter to have breached these Terms and Conditions must return any awarded prize within 30 days of a request to do so.
6.6 All Entrants will be provided with Coffee-table’ book, containing the Runners’ up and Winners’ Photographs.
7.1 All copyright remains with the photographer / entrant.
7.2 The Promoter asserts no claims to the rights of any image entered into the competition, except as expressed in these Terms and Conditions.
7.3 By entering this competion you “Consent to allowing these images to be used for marketing purposes”. In return for entering the competition you grant the Promoter a non-exclusive, revocable licence in perpetuity to reproduce, publish, adapt, communicate and broadcast all or part of your entry in any media for any purpose including for the purposes of this competition and inclusion in the Promoter marketing materials.
7.4 On submission, you also consent to us editing, re-using, storing, reproducing and communicating your entry in any medium.
7.5 Generally, the Promoter will attribute you as the photographer where possible, but in some circumstances, the Promoter may decide not to.
7.6 It is the Entrant’s responsibility to protect their work from third parties by entering (but not limited to), metadata into the image.
7.7 The Promoter will not be liable for any misuse of images.
7.8 Each entrant acknowledges that the Promoter is under no obligation to use their entry.
7.9 Any use of the image in accordance with these Terms and Conditions will be at the discretion of the Promoter.
7.10 If there is a point when the Promoter must cancel the Competition, all entry fees will be refunded.
8.0 Liability and Governing Law
8.1 Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), 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’).
8.2 In respect to this competition, 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; or (d) any tax liability incurred by a winner or Entrant.
8.3 The Competition is governed by the laws of Western Australia, Australia. Each entrant irrevocably agrees that the courts of Western Australia shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes which may arise out of or in connection with the Competition and, for these purposes, each entrant irrevocably submits to the exclusive and binding jurisdiction of the courts of Western Australia.