Terms & Conditions
1. The Promoter is Nikon Australia Pty Ltd (ABN 34 121 761 537).
2. The Promotional Website is the part of the website maintained by or on behalf of the Promoter at promotions.mynikonlife.com.au which relates to the '100 Lenses in 100 Days Promotion' (the Promotion).
3. The Promotion will be open to any person who purchases any Nikon DSLR camera from an Authorised Reseller between 3 July 2017 and 11 October 2017 (the Promotion Period).
4. A Participant is any eligible person who enters the Promotion through the Promotional Website in accordance with these terms and conditions, or who has accessed or entered details into the Promotional Website for the purposes of viewing available Rewards or entering the Promotion.
5. To be eligible for the Promotion, within 3 weeks of the purchase date of the relevant Nikon DSLR camera, Participants to whom the Promotion is open under paragraph 3 above must enter their details, provide their proof of purchase (either by way of mail or electronic upload on the Promotional Website) and provide a response, in 100 words or fewer, to the relevant Promotion question available on the Promotional Website. The Promoter must receive the Participant's proof of purchase within 3 weeks of the purchase date of the relevant Nikon DSLR camera for the Participant to be considered for the Promotion. On the basis of the quality and ingenuity of responses to the Promotion question(the Reward Criteria), the Promoter will use its discretion to choose a winner for each day during the Promotion Period and award a Reward.
6. Each Reward is a single Nikkor lens to be randomly selected at the discretion of the Promoter from a pre-selected list of Nikkor lenses. Up to 100 Rewards (one for each purchase date during the Promotion Period) will be awarded to eligible Participants. The Reward will not be selected on the basis of the Participant's answer to the Promotion question. The Promoter may vary the Reward and the Reward Criteria at any time and without notice by removing or changing (in whole or in part) the available Rewards and the Reward Criteria for those Rewards on the Promotional Website from time to time.
7. Participants will be notified within 28 days of entering the Promotion if they have won a Reward. Unsuccessful Participants will not be contacted.
8. If a Participant returns the relevant purchased product which made them eligible for the Promotion they will no longer be eligible.
9. Information on the Promotion, Rewards, how to apply for Rewards, and other details contained on the Promotional Website or within any promotional advertisements form part of these terms and conditions. To the extent of any inconsistency, these terms and conditions will take precedence. By entering the Promotion or entering details into the Promotional Website, Participants acknowledge that they have read, understand and agree to be bound by these terms and conditions.
10. Only individuals who reside in Australia may enter the Promotion. If an individual is aged under 18 years, they additionally must obtain the consent of a parent or legal guardian before entering the Promotion. If a Participant who is otherwise entitled to receive a Reward under these terms and conditions is under the age of 18 years, the Promoter may (in its discretion) decline to provide the Reward to that Participant until a parent or legal guardian of that Participant agrees (in a form acceptable to the Promoter) to ensure that the successful Participant complies with these terms and conditions.
11. Where a Participant must have purchased a Nikon-branded Digital SLR camera in order to enter the Promotion: (a) that product must have been purchased from an Authorised Reseller; (b) the product must have been paid for in full by the Participant within the promotional period in which the Participant is applying for a reward (c) the Participant may only make one Promotion application in respect of that product; and (d) the Participant must immediately return any Reward they receive in connection with that product to the Promoter if they return the product for a refund or credit. The Promoter reserves the right to issue the Participant with a request for the return of funds and/or goods. Additionally, if the funds and/or goods are not returned upon request, the Promoter reserves the right to issue the Participant with an invoice to the value of the Reward received, which is to be paid to the Promoters nominated account within fourteen (14) days. Upon failure to make contact with the Promoter and/or meet these terms or any other suspect conduct, the Promoter reserves the right to report to the Police and/or other relevant authorities, any claim(s) it suspects to be fraudulent.
12. Participants who are eligible to enter the Promotion will only receive a Reward if they fulfil the Reward Criteria for the Promotion, including by entering the Promotion within the time period required by the Promotional Website and in the manner required by the Promotional Website and these terms and conditions. Any entry in the Promotion that fails to meet these requirements will be deemed invalid. Entries in the Promotion will also be deemed invalid if they are incomplete, incorrect or incomprehensible, or if they are stolen, forged, mutilated or tampered with in any way.
13. The Promoter may decline any invalid entry in the Promotion, although it reserves the right (in its discretion) to contact (or attempt to contact) the relevant Participant to attempt to resolve any issues with an invalid entry that are capable of resolution. If, following contact with the relevant Participant, such issues are resolved by the relevant Participant to the satisfaction of the Promoter, the Promoter may at its discretion accept the updated Promotion entry as a valid entry.
14. Where a Participant is chosen as the winner of a Reward, the Promoter will at its discretion select a Reward and forward that Reward to the postal address, email address or appropriate account nominated for the receipt of that Reward in that application (as applicable).
15. Promotion entries will be deemed to have been made at the time of their receipt by the Promoter and not at the time of transmission. Participants may only enter into the Promotion in their own name and using their own personal details, and may only provide their own address and account details in their entry for the Promotion. Additionally, a person must not enter into the Promotion where they are not personally eligible, including by entering into the Promotion on behalf of another individual or otherwise. THE PROMOTER TAKES THE ISSUE OF FRAUD VERY SERIOUSLY, AND RESERVES THE RIGHT TO DEEM INVALID AND REPORT TO THE POLICE AND/OR OTHER APPROPRIATE AUTHORITIES ANY ENTRIES IN THE PROMOTION WHICH IT SUSPECTS TO BE FRAUDULENT OR OTHERWISE UNLAWFUL. The use of automatic software or similar devices to enter the Promotion or enter details into the Promotional Website is prohibited.
16. Management, employees and contractors of either the Promoter or any Authorised Reseller are not eligible to enter the Promotion.
17. If a Participant is required to submit any written material, any photographs or any other material in which intellectual property rights subsist ('Works') in order to enter the Promotion, those Works must be: (a) the original independent creation of the Participant; (b) owned by the Participant; and (c) free of any claims, including copyright or trademark claims, and must not: (i) have been published previously; or (ii) infringe any person's intellectual property rights. Additionally, the Promoter may in its discretion deem a promotion entry to be invalid if it includes any content which, in the opinion of the Promoter, contains profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language, or which is otherwise objectionable.
18. The Promoter may use, reproduce and publish any Works in any media, for any purpose, including for the purpose of: (a) advertising, promoting, marketing or publicising the Promotion; or (b) any future promotional, advertising, marketing and/or publicity activities of the Promoter.
19. Rewards that are goods or services (or in the form of a gift voucher or discount) are not exchangeable or redeemable for cash. Any stated value for Rewards is based on the recommended retail value of the Reward in Australian dollars, inclusive of GST. The Promoter accepts no responsibility for any variation in the value of the Reward. If the Reward is unavailable, for whatever reason, the Promoter reserves the right to substitute the Reward for an alternative Reward of equal or greater value. To the extent permitted by law, no compensation will be payable if, for any reason, a successful Participant is unable to use a Reward as stated.
20. The Promoter reserves the right, at any time, to verify the validity of Promotion entries and Participants (including a Participant's identity, age, place of residence, address or account details (as applicable) for the receipt of the Rewards and, where applicable, proof of purchase). Proof of identity, age, residency, address or account details and purchase considered suitable for verification is at the discretion of the Promoter.
21. The Promoter reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these terms and 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 from such an offender are reserved.
22. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
23. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law, to modify, suspend, terminate or cancel the Promotion, as appropriate.
24. The Promoter will make reasonable efforts to deliver the Reward(s) to successful Participant(s). To the extent permitted by law, the Promoter and its suppliers take no responsibility for Rewards damaged or lost in transit, and once a Reward has left the premises of the Promoter or its supplier, the Promoter will not be responsible for any delay or failure to deliver, or damage caused to the Reward during transit. Any part of any Reward that is not taken for any reason is forfeited. Any taxes which may be payable as a consequence of a Participant receiving a Reward are the sole responsibility of the Participant.
25. Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ('Consumer Guarantees'). Where a Participant as a Consumer acquires goods and services under these terms and conditions from the Promoter as a supplier and:
(a) the goods or services are PDH Goods or Services, the operation of the Consumer Guarantees cannot be, and are not in these terms and conditions, excluded, restricted or modified; or
(b) the goods or services are not PDH Goods or Services, the Promoter limits its liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to (at the Promoter's option): (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,
and the Promoter does not exclude or limit the operation of the Consumer Guarantees under any other provision of these terms and conditions or in any other manner and Participants agree it is fair and reasonable in all the circumstances for the Promoter's liability to be so limited.
26. The Promoter excludes from these terms and conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void.
27. Except for any liability under the Consumer Guarantees and any other liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and suppliers) excludes all liability (including in negligence), for any personal injury or any other Losses (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: any technical difficulties or equipment malfunction (whether or not under the Promoter's control); any theft, unauthorised access or third party interference; any entry for the Promotion that is late, lost, altered, damaged or misdirected (whether before or after its receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; any variation in the value of a Reward; any tax liability incurred by any Participant; any Reward; or the use of any Reward.
28. The Promoter's decision in relation to any aspect of the Promotion is final and binding and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
29. By entering the Promotion, Participants consent to the Promoter using the personal information they provide for facilitating the Promotion, providing Rewards where applicable (and, where they so opt, for future promotional, marketing and publicity purposes), and to the Promoter disclosing that information to its related bodies corporate and contractors for those purposes. Participants may ask the Promoter to access their personal information and request that corrections be made to it.
30. The Promoter may use the name and photograph of any Participant who has been chosen as the winner of a Reward for promotional purposes and without compensation, except where a successful Participant advises the Promoter otherwise when accepting the Reward.
32. The Promoter may change these terms and conditions from time to time in its discretion, by posting the revised terms and conditions (or a link to them) on the Promotional Website. Participants should regularly check the Promotional Website for any updates. By entering the Promotion or entering details into the Promotional Website, Participants are deemed to have accepted the version of these terms and conditions that applies at that time.
33. These terms and conditions are governed by the laws of New South Wales.
34. In these terms and conditions:
(a) 'Australian Consumer Law' has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
(b) 'Authorised Reseller' means the authorised resellers of Nikon products nominated by the Promoter from time to time at http://mynikonlife.com.au/partners/buy-local-buy-peace-of-mind/nikon-australia-authorised-resellers, but excludes any resellers or stores identified on the Promotional Website as inapplicable for this promotion at the time an application for a Reward is made;
(c) 'Consumer' has the meaning given to that term in section 3 of the Australian Consumer Law;
(d) 'Losses' means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise; and
(e) 'PDH Goods or Services' means goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.