We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Clique website. Your subsequent or continued membership of Clique will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately cease being a member of Clique.
These terms and conditions were last updated in July 2017.
Traveller Big Picture is the only photo competition running on the Clique website.
To upload your Big Picture entry you must first be registered with Clique.
To participate in Traveller’s Big Picture, you must register as a member. Membership options are:
- Basic – free membership with limited access and some of the benefits available through the Clique website.
You may register as a member for Clique at any time. You must not register as a member multiple times.
Any current employee or contributor of Fairfax Media’s photographic department in Australia or New Zealand is not eligible to be a competing member of Clique (i.e. enter into any Clique competitions), but they can otherwise be a member and participate in Clique.
You must not impersonate or create a membership for any person other than yourself.
Membership can be cancelled at any time, but the fee will not be refunded in whole or in part.
All Basic (free) memberships will automatically renew from year to year.
If you are under the age of 16, your parent’s or guardian’s permission is required prior to registering as a member (including as a Student member). We reserve the right to check if such permission is granted and, if it is not, to cancel your membership.
You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card).
You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.
We reserve the right to, in our sole discretion, suspend or terminate your membership of Clique, including if we believe you have breached any of these conditions.
While we use reasonable and secure endeavours to ensure that the Clique website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Clique website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the Clique website at any time.
During your participation in Clique, including entry into any Competition, you must not:
- Breach any applicable laws or regulations;
- Submit, upload, post, transmit or otherwise make available (or attempt to submit, upload, post, transmit or otherwise make available) any Material that:
- Is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
- Contains, promotes, or provides information about unlawful activities or conduct;
- Is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- Exploits another person in any manner;
- Includes an image or personal information of another person or persons unless you have their consent;
- Depicts a person aged 16 years or under without written parental consent (by submitting an entry you acknowledge that you have obtained any required consent under this paragraph);
- Poses or creates a privacy or security risk to any person;
- You know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- Contains restricted or password only access pages, or hidden content;
- Contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
- Advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us);
- Except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Clique website or cause any other person to do so; or
- Delete any attributions or legal or proprietary notices on the Clique website.
- Photographs are genuine photographs and not computer generated.
Your Material and Copyright
By submitting, uploading, transmitting, posting or otherwise making available any Material to Clique, including for entry into any Competition, you:
- Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to:
- use, reproduce, edit and exploit the Material in any form (including on any Fairfax Network) in association with Clique or any Fairfax photography program; and
- sublicense to any Clique partner or Competition sponsor, for any purpose in association with Clique or any Fairfax photography program.
- Warrant that you have the right to grant the abovementioned licences;
- Warrant that the Material does not breach the Conditions; and
- Unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material to the extent required for us to operate the Clique Photo Club and to run any Clique programs, events and activities.
We reserve the right (but have no obligation) to:
- Review, modify, reformat, reject or remove any Material which you submit, upload, post, transmit or otherwise make available (or attempt to submit, upload, post, transmit or otherwise make available);
- Monitor participation in Clique and use of the Clique website, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or as required by law.
We are not responsible for, and accept no liability with respect to, any Material submitted, uploaded, posted, transmitted or otherwise made available on the Clique website by any person other than us.
If you think that the Clique website has been accessed or used by another user in breach of the Conditions, please email us at firstname.lastname@example.org. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to email@example.com.
The Clique website contains Material that is protected by copyright, trademark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Clique website for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
In particular, you may not use any Material available on the Clique website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution.
Nothing displayed on the Clique website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Clique website without the express written consent of the relevant owner.
Third party websites, advertising and activities [We may feature or display links and pointers to websites operated by third parties on the Clique website. Such websites do not form part of the Clique website and are not under our control. We do not accept any responsibility in connection with any such website.
The Clique website may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third party using functionality provided on the Clique website, including via email, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk.
You use the Clique website at your sole risk.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Clique website, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software.
Limitation of liability
To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Clique website that are not expressly set out in the Conditions.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Clique website.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your participation in, access to or conduct in connection with the Clique website, including any breach by you of the Conditions.
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using the Clique website, you affirm that you are 16 years or over or otherwise possess legal parental or guardian consent.
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under the Conditions.
In these terms and conditions:
– “Competition” means Traveller Big Picture competition, Shoot the Chef competition and any other competition run by us in association with Clique.
– “Clique” means a members only association dedicated to photography operated by us.
– “Clique website” means the website that we own and/or operate from time to time in relation to Clique, regardless of how this website is accessed by members (including via the internet, mobile phone or any other device).
– “Fairfax Network” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device). For a list of the websites that currently form part of Fairfax Network, visit fairfaxmedia.com.au.
– ‘Material’ means text, illustrations, photographs, audio, video, any combination of these or other material.
– ‘Us’, ‘we’,’our’ or Fairfax means Fairfax Media Limited (ABN 15 008 663 161) and/or its related bodies corporate.
Traveller Big Picture Competition (March 2017-September 2017)
Promotion: Traveller Big Picture Competition
Promoter: The Promoter is Fairfax Media Publications Pty Ltd (ABN 33 003 357 720) of 1 Darling Island Road, Pyrmont NSW 2009, telephone number: 02 9282 2833 (Fairfax).
Fairfax is part of the Fairfax Media group of companies owned or controlled by Fairfax Media Limited (ACN 008 663 161) (Fairfax Group).
Start date: 11 March 2017 at 12 noon AEDT
End date: 18 September 2017 at 12 noon AEST
Promotional Period: from the Start Date until the End Date.
- Entry is only open to Australian residents who are 13 years and over.
- Entrants under 18 years of age must have legal parental or guardian consent to enter the Promotion and collect the prize. By submitting an entry, the entrant affirms that they are 18 years or over or otherwise possess legal parental or guardian consent.
- Only amateur photographers are eligible to enter the Promotion.
- Amateur photographer is defined as any photographer who earns less than $10,000 (gross) a year from the sale of photographs or photographic services eg tutoring for a fee.
- Entrants must be registered as members of the Clique Photo Club or Student Clique (Clique) and the Clique General Terms and Conditions will apply to Entrants to this Promotion in addition to these Terms and Conditions. More details about Clique, becoming a member of Clique and the Clique General Terms and Conditions are at: http://www.cliquephotos.com.au To the extent that there is any inconsistency between the Clique General Terms and Conditions and the Terms and Conditions of this Promotion, the Clique General Terms and Conditions shall prevail.
- Directors, employees and their Immediate Family Members of the Promoter, it’s related bodies corporate and any agencies or companies associated with the Promoter or the Promotion are not eligible to enter. Immediate family member 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.
Prize description: The prize is comprised of 3 elements which will be given to one single winner:
- Cruise: an eight (8) day Luxury Mekong River Cruise with APT for two people including international flights as detailed below.
Details of cruise prize:
- The cruise is detailed in APT’s 2017/18 Vietnam & Cambodia River Cruising brochure under tour codes VEM08 or VEMR08.
- The prize is for two people in Category C Suite.
- The prize is valued up to AUD$10,990 for two inclusive of flights and air taxes.
- The prize includes airfares up to the value of AUD$1500 per person for two people. The winner and their travelling companion must travel from their closest Australian capital city airport (Sydney, Melbourne, Brisbane, Adelaide, Perth or Darwin) on the same flight and at the same time.
- The prize may be redeemed for travel from 1 November 2017 to 31 April 2018 with the exception of the Luke Nguyen’s escorted departure dates (December 2017 departures).
- Redemption of the prize is subject to availability.
- All bookings in relation to the redemption of the prize must be booked by APT.
- APT as prize organiser reserves the right to offer alternative dates and/or itineraries for the cruise.
- The prize is subject to APT’s conditions of booking and travel. Refer to APT’s 2017/18 Vietnam & Cambodia River Cruising brochure for full conditions of travel. You must present a voucher at the time of booking to redeem your prize.2. One framed 16×12 inch print of the winning photo or a photo from the Fairfax Syndication archive (at the discretion of Fairfax).
- 3. A 60 minute portfolio review session with a Fairfax photographer (selected by the Promoter) at the office of Fairfax in Sydney or Melbourne. Transport and accommodation costs related to the review session are not included in the prize. If the winner cannot attend the review session in person, a telephone review can be arranged.
Exclusions: Some expenses are not included in the prize and would be at the winner’s own cost. These include, but are not limited to; travel to and from the airport of departure, travel to and from the portfolio review sessions and any accommodation necessary to participate in the portfolio review session, cabin upgrades, meals not specified in the trip itinerary, insurance, any optional tours or activities during free time, tips and items of a personal nature, the costs of any visas or a passport. is not included in the prize and is the responsibility of the winner.
Type of promotion: This promotion is a game of skill.
How to enter:
- To enter, participants must:
- submit an image of a special moment from their travels which must have been taken on or after 11 March 2015;
- upload their entry to http://www.cliquephotos.com.au. Image files must be at least 1MB and 300 dpi in JPEG form.
- submit a caption of 100 words or less, including where and when the image was taken and what made it so memorable for them.
- The maximum number of entries per week during the Promotional Period from any one entrant is two (2) eligible entries.
- A limited amount of image post-processing is allowed but images having excessive ‘manipulation’ (in the opinion of the judges, and at the judges’ sole discretion) may be scored down.
- Computer generated images are not eligible entries and will not be accepted.
- Images that have won in any prior Fairfax photography competitions are not eligible for entry.
- An entry should not be assumed to have been received until it is acknowledged by email.
- This is a game of skill and chance plays no part in determining the winner. The judging and selection of the winner(s) will be conducted by judge(s) selected at the discretion of the Promoter.
- The selection of the winner(s) will take place at Fairfax Media Publications, at Fairfax Media Publications Pty Limited, 1 Darling Island Road, Pyrmont NSW 2009 and Fairfax Media L2, Media House, 655 Collins Street, Docklands VIC 300 between 19 September 2017 to 29 September 2017.
- Each week during the promotional period the judge(s) will choose one or more images from valid entries which may, at the Promoters discretion, be published in Traveller and/or included in galleries online at traveller.com.au.
- The judge(s) will select a winner from the valid entries received during the Promotional Period.
- The selection of the winner will take place between 19 September 2017 to 29 September 2017 at Fairfax Media Publications Pty Limited, 1 Darling Island Road, Pyrmont NSW 2009 and Fairfax Media L2, Media House, 655 Collins Street, Docklands VIC 3008.
- The judge(s) may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry, ineligible Entrant or a prize being rejected or not collected.
- Each entry will be judged at the sole discretion of the judge(s) based on the creative merit of the image. The judge(s) decision is final and the Promoter will not enter into any correspondence regarding the result.
- All reasonable attempts will be made to contact the winner(s). If a prize remains unclaimed by a winner or unallocated for any reason by 29 December 2017, the prize will be forfeited and no cash or other alternative will be offered to that winner. Subject to any direction or requirement under State legislation, unclaimed prize(s) will be reallocated to the entrant that has submitted the next best entry after the first selected winner(s) based on the judging criteria. The selection of the winner(s) of any unclaimed prize(s) will take place at the Promoter’s address at Fairfax Media Publications Pty Limited, 1 Darling Island Road, Pyrmont NSW 2009 on 8 January 2018.
- Details of the winner will (at the discretion of the Promoter) be published in The Sydney Morning Herald and The Age newspapers on 7 October 2017.
Entry into the Promotion
- The Promotion Details above and all Detailed Terms below form part of these Terms and Conditions. The Entrant agrees and acknowledges that they have read these Terms and Conditions
- It is a condition of entry that all Terms and Conditions are accepted as final and the Entrant agrees to abide by these Terms and Conditions. Submission of an entry is deemed to be an acknowledgement by the Entrant that they have read these Terms and Conditions and accepted them.
- Any capitalised terms used in these Terms and Conditions have the meaning given in the Promotion Details, unless stated otherwise.
- The Promotion commences on the Start Date and runs for the Promotional Period ending on the End Date.
- Valid entries by eligible Entrants will be accepted during the Promotional Period. No entries will be accepted after this time. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion, social media platforms faulting or for any other reason.
- Illegible, incomprehensible and incomplete entries will be deemed invalid. An entry that is made on behalf of another person will also be deemed invalid.
- The Promoter reserves the right to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, inflammatory, offensive or defamatory comments, or which breach any law or infringes any third party rights, including intellectual property rights.
- The Promoter reserves the right to disqualify any Entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter.
- The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details including the right to request proof of an entrant’s identity, age, residency and earnings. The Promoter reserves the right to seek a statutory declaration in relation to income. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
- The Promoter reserves the right to disqualify an Entrant or entries in the event of non-compliance with these Terms and Conditions. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each Entrant and no correspondence will be entered into.
- An Entrant who uses any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
- No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the Entrant to access the website or social media platform of entry via their internet service provider.
- Should an Entrant’s contact details change during the Promotion, it is the Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
- If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, power or technical failure, acts of God, civil unrest, strike, war, act of terrorism or any other cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
- The winner(s) will be notified by email together with further instructions on how to arrange the collection of their prize within 2 days of the winner(s) being determined.
- Each prize will be awarded to the person named in the winning entry. If there is a dispute as to the identity of an Entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant or winner.
- If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, they forfeit the prize and the Promoter is not obliged to substitute the prize or provide a cash alternative.
- The details of the prize(s) are set out in the Promotion Details. The value of the prize(s) is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the Start Date of the Promotion. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
- If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.
- If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The Promoter and the third party prize supplier reserve the right to refuse to allow a winner to use or take part in any or all aspects of the prize, if either determine, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely use or participate in the prize.
- It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
- If a prize is provided to the Promoter by a third party supplier and is to be delivered directly to the winner(s), the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party supplier to meet any obligations in these Terms and Conditions or otherwise. The terms and conditions which apply to a prize at the time it is issued to the winner will prevail over these Terms of Conditions, to the extent of any inconsistency.
- The following terms apply to the extent that the prize involves any travel, in addition to any terms specified in the description of the prize:
- The winner must finalise the prize booking within 12 weeks of the date that the winner is notified and all travel must be completed within 12 months of the Promotion closing date.
- Once a travel booking is confirmed, no changes will be allowed unless authorised by the Promoter in its sole discretion. The winner is responsible for any amendment fees issued by airlines or suppliers.
- The Promoter will have the sole discretion to choose the travel suppliers in relation to the fulfilment of the prize(s).
- Redemption of the prize is subject to availability on the dates chosen by the winner. The prize(s) may not be available for redemption during Christmas, school holiday and special event periods.
- All expenses other than those specified as being part of the prize are the responsibility of the winner and if relevant, their travel companion(s).
- No compensation or alternative travel plans will be arranged if the winner and /or any travel companion(s) misses any part of their travel or fails to meet any check in requirements for any reason. Any unused portion of the ticket after the expiry date shall be deemed null and void.
- In the event that an element of the prize is cancelled or postponed for any reason, the winner forfeits the specified element and no cash alternative offer will be granted in lieu of the part of the prize.
- The winner can travel with one travel companion. The travel companion can be of any age, however, a companion under the age of 18 years must travel with their parent or legal guardian. The winner and travelling companion must travel at the same time, must depart from the same capital city airport and must stay at the same accommodation.
- The winner must ensure that they and any travel companion has any necessary documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the travellers.
- A credit card imprint may be required from the winner as part of the travel arrangements or check-in procedures.
- Flight tickets will not attract Frequent Flyer Points nor will they be eligible for upgrades using Frequent Flyer Points and/or cash payment..
- Comprehensive travel insurance is recommended for the winner and any travel companion. If the winner and/ or travel companion chooses not to purchase travel insurance they may be required to complete a travel insurance waiver form acknowledging that they understand the benefits of travel insurance but decline to take out a policy.
- All other expenses other than those expressly included in the prize are excluded and are the responsibility of the winner and any travel companion.
- The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination or event.
Personal Information, marketing and publicity
- As part of the Promotion, the Promoter will collect Entrants’ personal information. If the Entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Submission of an entry is deemed to be consent by the Entrant to the Promoter collecting their personal information.
- The Promoter will use the personal information to enable an Entrant to participate in the Promotion.
- The Promoter may disclose Entrants’ personal information to third parties including its contractors and agents, prize suppliers, Promotion sponsors and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation.
- The Fairfax Group may use Entrants’ personal information for future marketing purposes regarding its products, including contacting the Entrant electronically.
- If there is a Promotion Sponsor, the Promotion Sponsor may use the personal information of an Entrant for marketing purposes if the Entrant has given their consent to be contacted by the Promotion Sponsor.
- Personal information will be stored by the Promoter on a database controlled by the Fairfax Group or by a third party service provider of the Fairfax Group.
- For the purposes of public statements and advertisements, the Promoter may only publish the winner’s surname, initial and State/Territory or postcode of residence.
- By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter and the Fairfax Group may use any such marketing and editorial material without further reference or compensation to them.
- The winner agrees not to sell or otherwise provide their story and or photographs related to the Promotion or being a winner of the Promotion to any other media organisation.
Intellectual property rights
- By submitting, uploading, transmitting, posting or otherwise making available any materials including but not limited to answers to questions, a statement, idea or opinion, video or voice recordings, images, works of art, designs or photographs (Material) to the Promoter, the Entrant is agreeing to the following terms:
- The Entrant grants to the Fairfax Group:
- a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form (including on any Fairfax Network) in association with the Promotion, Clique or any Fairfax Group photography program; and
- sublicense to any Fairfax Group Partner Clique partner or Promotion sponsor, for any purpose in association with the Promotion, Clique or any Fairfax Group photography program.
- The Entrant warrant that it has the right to grant the abovementioned licences;
- The Entrant warrants that the material does not breach the Clique Terms and Conditions (http://cliquephotos.com.au/about/terms-conditions/) ; and
- The Entrant unconditionally waives all moral rights (as defined by the Copyright Act 1968) which it may have in respect of the Material to the extent required for The Promoter to operate the Promotion or the Clique Photo Club or to run any Clique programs, events and activities.
- The Promoter reserves the right (but has no obligation) to review, modify, reformat, reject or remove any Material which an Entrant submits, uploads, posts, transmits or otherwise makes available (or attempts to submit, upload, post, transmit or otherwise make available).
- the Material must not contain any viruses or cause or be likely to cause any injury or harm to any person or entity;
- each Entrant must warrant that the submission of the Content does not infringe the intellectual property rights of any third party. Entrants must warrant that the Content they are submitting is their own work and that they own the copyright for it;
- the Promoter may remove or decline to publish any Material without notice to the relevant Entrant;
- the Entrant hereby consents to the Fairfax Group using their likeness, image and/or voice in the event that the Entrant is the winner (including photograph, film or recording) in any media whatsoever throughout the world for the purpose of promoting this Promotion or other similar promotions and promoting any products manufactured, distributed and or supplied by the Fairfax Group. The Entrant will not be entitled to any remuneration for such use.
- The Entrant grants to the Fairfax Group:
Use of social media
- The following terms apply to the extent that the Promotion is conducted on, advertised or promoted on a social media platform owned by a third party (Platform Operator):
- the Entrant acknowledges and agrees that the Promotion is in no way sponsored, endorsed or administered by, or associated with, any Platform Operator.
- the Entrant releases each Platform Operator and its associated companies from all liabilities arising in respect of the Promotion; and
- to the extent relevant to the Promotion, Fairfax agrees and each Entrant must agree to adhere to the terms and conditions and promotions guidelines of each Platform Operator which are available to view online on their social media platforms.
Liability of liability
- Any guarantee or warranty given in relation to a prize is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
- The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- The Promoter accepts no responsibility for any tax implications of this Promotion and Entrants must seek their own independent financial advice in regards to their own personal circumstances and any tax implications relating to the prize or acceptance of the prize.
- Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.