Viva photo contest terms and conditions

1. Information on how to enter the competition forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and condition.

2. The Viva photo contest promotion is a game of skill, and chance plays no part in determining the winners.

3. In order to enter this competition, you must be (a) ordinarily resident in Australia, and (b) at least 18 years old at the time of entry. However, employees and their immediate families of Viva App Pty Ltd, and their associated agencies and companies connected with this competition are not eligible to enter.

4. The competition will be held once. Winners will be selected at 5:00pm Wednesday, 5 April 2017. The winners will be contacted by a representative of Viva App Pty Ltd to arrange for delivery of the prize, which will occur in May 2017.

5. To enter, participants must publish a photo on Instagram displaying the Viva promotional sticker and tag the photo with the username @vivatakeaspin. Any original photo on Instagram (not including re-posts or other copied photographs) satisfying those conditions is a qualifying entry. Photos submitted elsewhere, including on Snapchat, Twitter or Facebook, will not qualify and will not be counted as an entry to the competition.

6. The posting of a qualifying photo forms a participant's entry to the competition. By posting a qualifying photo, a participant agrees to accept the terms and conditions laid out within this document.

7. Incomprehensible and incomplete entries will be deemed invalid (for example, without limitation, a photo which does not clearly show the Viva promotional sticker). The Promoter has the absolute discretion to determine whether an entry is incomprehensible or incomplete.

8. Entrants in the competition may enter multiple times.

9. The Promoter reserves the right to request winners to provide proof of identity; proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

10. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions of entry 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 and/or the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

11. The Promoter accepts no responsibility for any late, lost or misdirected entries including delays in the posting of photos due to technical disruptions, network congestion or for any other reason.

12. The cost of entering the competition will be dependent on the entrant’s individual internet service provider.

13. There will be five (5) winners for Australia, who will win the following prize:

a. The prize is a bar tab at a venue to be mutually agreed between the Promoter and the relevant winner, valued at AUD 100 each. Total prize pool is AUD 500. Where the Promoter and the relevant winner do not agree a venue, then the Promoter may nominate a venue in their absolute discretion, acting reasonably, considering the residential address of the relevant winner.

14. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image, words and other materials, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

15. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

16. Each valid entrant will be judged by the staff and employees at the Promoter. The judges will select the winning entry, based on the category descriptions and based on advice as determined appropriate by the Promoter. 

17. Prizes will only be awarded to the account holder of the entry mechanism used to submit their entry (i.e. Instagram account holder). The winner will therefore be, in each case, the relevant Instagram account holder.

18. Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter at A request to access or modify any information provided in an entry should be directed to Promoter.

19. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or winning entries.

20. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.

21. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under applicable laws and regulations.

22. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

23. 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, including conduct 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.

24. Each entrant agrees to hold the Promoter harmless for any loss or damage whatsoever which is suffered by the Promoter or its associated agencies and companies, and caused directly or indirectly by that entrant.

25. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.

26. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under applicable laws and regulations.

27. To the extent permitted by law and competing prior claims of Instagram, all entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion. Information supplied when logging your comment will be used by the Promoter to contact you in the event your comment is selected as the winning entry. No further use of this information will be made without prior consent.

28. Any provision of these terms and conditions which is prohibited or unenforceable in a jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms and conditions nor affect the validity or enforceability of that provision in any other jurisdiction.  

29. These terms and conditions are governed by the laws of New South Wales.

30. The Promoter is Viva App Pty Ltd (ABN 70 610 833 219) of Level 14, 5 Martin Place, Sydney NSW 2000.

© 2017 Viva App Pty Ltd

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