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1. Terms of use for the Masters Photobooth application (Photobooth Application) and instructions on how to enter the Masters Photobooth Facebook competition (Competition) form part of these Terms and Conditions. By using the Photobooth Application or participating in the Competition, entrants agree to be bound by these Terms and Conditions. Entries to the Competition must comply with these Terms and Conditions to be valid.
2. Entry to the Competition is open to residents of Western Australia only aged 15 years and over who have an account on Facebook, enabling them to submit an entry in accordance with clause 13 below. Employees and their immediate families of the Promoter, its agencies and venues/outlets associated with this competition are ineligible to enter.
3. The Competition commences at 00.01 EST on 6 July, 2015 and closes at 23.59 EST on 29 November, 2015 (Promotional Period).
HOW TO USE THE PHOTOBOOTH APPLICATION
4. To use the Photobooth Application:
There is no limit on the number of times Participants may use the Photobooth Application.
GENERAL TERMS OF USE OF PHOTOBOOTH APPLICATIONS
5. By using the Photobooth Application, users warrant that any Original Image is their own original work, and that they own all intellectual property rights in any Original Image used in the Photobooth Application. Users retain ownership of any intellectual property rights in the Original Image, and grant the Promoter a royalty-free, perpetual, non-exclusive licence to use, adapt, reproduce (including by communicating to the public), alter, modify or otherwise exploit the Original Image, including for commercial purposes. Any Output from the Photobooth Application is assigned to the Promoter immediately upon creation and the Promoter owns all copyright and other intellectual property rights in any such Output. The Promoter grants the user a personal, non-exclusive licence to use and reproduce the Output in accordance with these Terms and Conditions, which licence may be revoked by the Promoter at any time. Users unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their Original Image or Output. Users warrant that they have the full authority to grant these right.
6. Intellectual property rights in all information, data, text, graphics, images, logos, trade marks and other materials included on this Photobooth Application are the property of the Promoter or are included with the permission of the relevant owner.
7. Except as expressly prohibited in relation to particular content, users are permitted to browse and use this Photobooth Application, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution by sharing on social media or via email, provided that users keep intact all copyright and other proprietary notices and otherwise comply with these Terms and Conditions. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
8. Other than in relation to the Output in accordance with these Terms and Conditions, users must not use any trade marks or logos which appear or are used on this Application, nor do anything to prejudice the rights of the owner or licensee of such trade marks or logos. Nothing contained on this Application should be construed as granting any licence or right to use any trade mark displayed on this website, other than in relation to the Output strictly in accordance with these Terms and Conditions. Your use/misuse of the trade marks displayed on this website, or on any other content on this Application, except as provided for in these Terms and Conditions, is strictly prohibited. The Promoter reserves all its rights to enforce its intellectual property rights to the fullest extent of the law.
9. Users agree that they are fully responsible for the Original Image and the Output that they edit, save and/or share. By uploading an Original Image and creating Output, entrants confirm and warrant to the Promoter that:
10. The Promoter shall have no liability in arising out of or in connection with the user's use of the Photobooth Application, including in relation to its user of an Original Image or Output or any user's use of an Original Image or Output, to the full extent permitted by law. The Promoter reserves its right to remove any Output regardless of where it is posted, without notice for any reason whatsoever.
11. Without limiting any other terms and conditions contained herein, participants agree to indemnify and hold the Promoter, its affiliates and sub-licensees, harmless from any and all claims, damages, expenses, costs (including reasonable legal fees) and liabilities (including settlements), brought or asserted by any third party against the Promoter, its affiliates or sub-licensees, due to or arising out of the Original Image or Output (including the sharing of the Output by a user or the Promoter's use of the Original Image or Output), or otherwise arising out of or in connection with the user's use of this Photobooth Application.
12. Participants acknowledge that use of the Photobooth Application to edit an Original Image, and save and/or share their Output does not constitute entry into the Competition, guarantee that they will win a prize, or guarantee that their Output or submission will appear on the Masters Facebook page.
HOW TO ENTER THE COMPETITION
13. To enter the Competition, entrants must, during the Promotional Period:
Entrants can submit multiple entries to the Competition.
14. By making a Submission, entrants confirm and warrant to the Promoter that:
15. To the extent permitted by law, entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their Submission. Entrants warrant that they have the full authority to grant these rights.
16. Entrants acknowledge that use of the Photobooth Application to make a Submission to the Gallery in accordance with clause 13 does not guarantee that their Submission will win a prize or appear on the Masters Facebook page. Further, any use of their Submission by the Promoter during the Promotional period does not constitute endorsement of their Submission or any guarantee of winning a prize.
17. Entrants acknowledge that the Promoter may use their Submission, during the Promotional Period and afterwards, in any manner the Promoter sees fit including by posting the Submission on the Masters Facebook page to encourage others to enter the competition. Entrants expressly acknowledge that if their Submission is chosen as a Competition winner, it will be posted as part of the Masters Photobooth Gallery on the Masters Facebook page.
COMPETITION PRIZES
18. This is a game of skill and chance plays no part in determining the winner. All valid entries received during the Promotion Period will be reviewed by a panel of judges from the Promoter and the Creative Agency. Each entry will be individually judged based on creativity and alignment with the Masters brand (judging criteria).
19. One entry per week during the Promotional Period, as chosen by the panel of judges in accordance with the judging criteria, will be selected as the winning entries, posted to the Masters Photobooth Gallery, and will each win a prize. There are 20 prizes in total to be won. Judging will take place Mondays at 2pm WST at 402 Rokeby Road, Subiaco for each week of the Promotional Period.
20. The prize is a Masters Milk Car Caddy valued at $8.95 (RRP, incl. GST). There are 20 prizes to be won. Total prize pool valued at $179.00 (RRP, incl. GST). For the week commencing Monday, 19th October, 2015 only, an additional prize will be awarded. The additional prize is a Masters photobooth jumper, t-shirt or singlet top (at the prize winner's choice) valued at approximately $110 (RRP, incl. GST). Prizes are not exchangeable, transferable or redeemable for cash. All taxes (excl. GST) and other ancillary costs which may be payable as a consequence of accepting or redeeming a prize are the sole responsibility of the winner.
21. If any prize becomes unavailable for reasons beyond the Promoter's control, the Promoter may substitute a prize of equal or greater value.
NOTIFICATION OF COMPETITION WINNERS
22. The winner will be notified by email within the first 7 business days after the Promotional Period. Prizes will be mailed to the winners within 28 days of the conclusion of the Promotional Period.
23. If any winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on their behalf.
24. Prizes are not transferable and are not redeemable for cash. The judges' decision is final and binding - no correspondence will be entered into. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.
25. If a winner does not respond to the email for them to claim the prize they've won within 7 business days, or is otherwise disqualified from the competition, the Promoter may assign the prize to the entry judged the next best entry in the competition, or withdraw the prize (subject to the direction of any relevant lottery authority), and the winner will forfeit any and all rights in and to the prizes.
GENERAL TERMS FOR COMPETITION
26. Any costs associated with using the Photobooth Application and/or entering the Competition and accessing the Masters Facebook page are the responsibility of the participant or entrant.
27. Details from entries will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion) and for promotional purposes surrounding this promotion. By entering this promotion entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. Entrants may access, change and/or update their personal information and obtain a copy of the Promoter's full privacy policy by contacting the Promoter on 1800 677 852 during office hours.
28. Each entrant acknowledges that this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. In participating in this promotion entrants are providing information to the Promoter and not to Facebook. To the extent permitted by law, each entrant releases Facebook from any and all liability in relation to this Promotion.
29. The Promoter is LD&D Australia Pty Ltd (ABN 68 083 019 390) of 737 Bourke St, Melbourne, Victoria, 3008, telephone no. 1800 677 852.
30. The Promoter acts as agent for and on behalf of LD&D Milk Pty Limited, LD&D Foods Pty Limited, Berri Pty Limited, Butterfields Specialty Foods Pty Ltd, Dairy Farmers Pty Limited, Dairy Vale Foods Pty Ltd and QUD Pty Ltd in accordance with the agency arrangements detailed more specifically by calling the Promoter's consumer enquiry centre. You expressly acknowledge the appointment of the Promoter by the companies listed above as agent of those companies. All acts by the Promoter in connection with this offer are acts taken on behalf of the companies listed above as agent of those companies.
