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Just Car Insurance car photo competition terms and conditions

 
PARTICIPATION

1. This competition ("Competition") is conducted by Just Car Insurance Agency Pty Ltd (ABN 41 050 238 563) of Level 18, 36 Wickham Terrace, Brisbane QLD 4000 ("Promoter").  This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook.
 
2. Entry to the Competition constitutes acceptance of these terms and conditions. All entry instructions and prize information published by the Promoter form part of these terms and conditions.
 
3. The Competition is only open to individuals who: (i) are residents of Australia aged 18 years or older as at time of entry; and (ii) who have a Facebook account; and (iii) who are not employees of the Promoter or any of its related corporations or any of their agencies associated with the Competition; and (iv) who are not a spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of such an employee; and (v) who agree to their personal information being collected, used and disclosed in accordance with clauses 29 to 31 of these Terms and Conditions and to receiving marketing and promotional material from the Promoter. Individuals eligible to enter the Competition in accordance with this clause are referred to as an “Eligible Entrant” within these terms and conditions.
 
4. Competition entry commences at 12:01am AEST on 28/08/2012 and closes at 11.59.59pm AEST on 9/10/2012 ("Entry Period").
 
5. Except as otherwise indicated, all amounts stated in these conditions are stated in Australian dollars.
 
ENTRY
 
6. To enter the Competition an Eligible Entrant must during the Entry Period: (i) use a compatible browser to visit http://www.facebook.com/justcar ("Competition Website"), click to ‘like’ the Facebook page and use the ‘Rate My Ride’ Facebook application to upload photos of their own car, or the car they are responsible for;  (ii) following the instructions on the Competition Website, complete the required details and select which category (only one of the four categories may be selected) they are entering; and (iii) once complete, submit and click the Facebook ‘allow’ button as prompted. This will permit the Promoter to access the entrant’s basic information (including name, profile picture, gender, user ID, locale, and any other information that is shared with everyone), to access and collect the users Facebook ID of the entrant. Entrants must also submit and click the Open Graph ‘allow’ button when prompted to allow the Promoter to publish on behalf of the Entrant. Information provided will be captured by the Promoter and not Facebook.
 
7. Cost of entry via the internet is free, but internet connection and usage rates may apply –entrant’s should obtain details of such costs from their service providers.
 
8. An Eligible Entrant may enter the Competition only once.
 
9. Only entries received from Eligible Entrants during the Entry Period will be accepted. The Promoter takes no responsibility for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or for any delays or failures in any telecommunications service or equipment.
 
10. Entrants must submit their entries manually. The Promoter may reject entries if it reasonably forms the opinion that they have been entered using automated entry means or by use of a competition entry service.
 
11. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant tampers with the entry process, benefits from such tampering or submits an entry that is illegible, incomplete or not in accordance with these terms and conditions. Errors and omissions may be accepted at the Promoter’s discretion.
 
 
PRIZES AND WINNERS OF THE PRIZES
 
12. The Competition is a game of skill in which chance plays no part.
 
13. During the Entry Period, eligible Facebook users will be able to vote for the entries they like best, using the Promoter’s own voting mechanism by following the instructions set out on the Competition Website.  The ten (10) entries with the most votes in each of the four (4) entry categories will be deemed the “finalists” of that category (“Finalists”). In the event that there is a tie in votes, the Promoter at its discretion may accept more than ten finalists in one category.
 
14. Entrants must not use any kind of illegal service to obtain votes (including monetary or other incentivised offers).
 
15. No later than 11/10/2012 the Promoter will judge the entries of each of the Finalists.  The entries will be judged on creativity, effort and pride ("Criteria"). Equal weight will be given to each of the Criteria. The entry that is judged to be the best entry in each of the four (4) categories will be a winner (“Prize Winner”) and the entry that is judged to be the second best entry in each of the four (4) categories will be a runner-up (“Runner Up”) . There will be four (4) Prize Winners and four (4) Runners Up in total (“the Winners”).
 
16. Each Prize Winner will win $2,500 cash (“the Prize”). Each Runner Up will win a PlayStation Vita, 3G Model (RRP $419.95) and a Wipeout Playstation Vita game (RRP $54.95) (“the Runner Up Prize”). The total prize pool is valued at $11,899.60 including GST as at 2 July 2012.
 
17. The Winners will be notified by correspondence to their email address they provided at entry no later than the 12/10/2012.
 
18. The notification referred to in clause 17 will state a prize that has been won and will include instructions as to how the Winners are to claim the Prize or the Runner Up Prize and establish his/her entitlement to it. 
 
19. The names of the Winners will be published on the Competition Website no later than 19/10/2012, for a period of at least 1 week.
 
20. Each Winner will forfeit their prize if s/he does not claim their prize by contacting the Promoter within two (2) months of it being made available for his/her collection.
 
 
GENERAL
 
21. When an entrant submits a photo (“Content”), the entrant, unless the Promoter advises otherwise, 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
 
22. Entrants agree 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 may remove 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) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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 indemnifies the Promoter for any breach of the above terms.
 
23.  Tax implications may arise from winning the Prize or the Runner Up Prize. Each Winner should seek independent financial advice prior to accepting the Prize or the Runner Up Prize.  All such tax implications are the responsibility of each Winner.
 
24. If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, subject to the approval of the authorities that have issued permits for its conduct.
 
25. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); (v) any delay in delivery, or failure of safe delivery of the Prize or the Runner Up Prize.
 
26. All of the Promoter's decisions are final and no correspondence will be entered into.
 
27. Each Winner accepts the Prize or the Runner Up Prize at his or her own risk. To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant in connection with the Competition or the Prize or the Runner Up Prize, including without limitation: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death.  The Promoter may request that each Winner sign and return a deed of release to this effect as a condition of the Prize or Runner Up Prize being awarded.  If a Winner fails to sign and return such release, the Winner may forfeit the Prize or the Runner Up Prize.
 
28. Each Winner consents by entering the Competition to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in any media at any time or times without compensation, financial or otherwise, for the purpose of promoting this Competition, the Promoter and/or any of the Promoter's products.
 
PRIVACY AND MARKETING CONSENT AND DISCLOSURE
 
29. Entrants' personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise the Winners and, subject to conditions  30 and 31, may be used to market its products to the entrants. The personal information of each Winner may be provided to others assisting in the conduct of the Competition, including the Competition administrator, suppliers and deliverers of the Prize or the Runner Up Prize, and to regulatory authorities.  The Promoter will disclose the Winner's first initial, surname and State of residence to the media, who will publish these details. Persons may contact the Promoter by post at the address stated in condition 1 to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win the  Prize or the Runner Up Prize. The collection, use and disclosure of all personal information is handled in accordance with the Promoter’s Privacy Policy available online at http://justcarinsurance.com.au/online-terms-and-privacy-statement.asp.
 
30. All entries become the property of the Promoter and will be entered into a database. Information resulting from the entrant’s entry and participation in the Competition is used by the Promoter and its agencies associated with the Competition for the determination of the Winners. Information about entrants may also be used by the Promoter, its agents, contractors and related companies, for the purposes of carrying out marketing, planning, product development and direct mail, including electronic direct mail, and promotional campaigns (collectively the “marketing program”) unless an entrant otherwise withdraws their consent to the use of their information in this manner. By applying or participating in the Competition, entrants consent to these uses and disclosures of their information.
 
 
31.By entering the Competition entrants agree to be automatically entered into the Promoter's marketing program.  Entrants agree to receive mail, telephone calls, emails, SMSs and other electronic messages, including those containing marketing or promotional material, sent by the Promoter under the marketing program.  Entrants may unsubscribe from the Promoter’s marketing program at any time using information contained on the mail or electronic message. Alternatively, a request to access, update or correct any personal information should be directed to the Promoter on 13 13 26 or by email to contactus@justcarinsurance.com.au to unsubscribe.
 
32. The Promoter reserves the right to modify any of the Terms and Conditions outlined in order to comply with changes to the Facebook promotion guidelines.