Terms & Conditions

Australian Photography Awards Terms & Conditions

  1. General

1.1.  This photography competition is conducted by Australian Photography Awards (ABN 76 169 471 185) (“the Promoter”).

1.2.  Information on how to enter and on prizes form part of the Terms and Conditions. Entry into this competition deems acceptance of these Terms and Conditions.

1.3.  To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.

1.4.  This is a non-acquisitive photography competition governed by these Terms and Conditions. All instructions relating to the competition on this website also form part of the Terms and Conditions.

1.5.  The Promoter reserves the right to amend these Terms and Conditions planned. The Promoter may also cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.

 

  1. Who can enter?

2.1.  Australian Photography Awards (“APA”) is open to any persons residing within Australia or any person living outside of Australia with Australian citizenship.

2.2.  APA is open to both professional photographers and amateurs and enthusiasts.

2.3.  There is no age limit on entering APA. For participants under 18 years of age a parent or guardian content is required. The consenting guardian is then bound by these Terms and Conditions.

 

  1. How to enter

3.1.  Entries will be accepted from 1st June 2017 to 18th September 2017. No entries will be accepted after 11:59pm 18th September 2017.

3.2.  Entrants must follow the instructions provided online at http://www.australianphotographyawards.com.au/

3.3.  Entrants must choose the appropriate category for their image. The same image can be uploaded multiple times and entered into different categories. The entrant may enter as many images as they like into the competition into one or multiple categories.

3.4. Each entry will attract a separate fee.

3.5.  Each entry must comply with these Terms and Conditions, including the Submission Guidelines specified below.

3.6.  Entries must be submitted separately and each entry must individually meet the Technical Specifications as follows:

3.6.1.  Saved as HR JPEG or JPG

3.6.2.  2500px on the longest side

3.6.3.  Converted to an Adobe RGB (1998) colour space

3.6.4.  Must not exceed 4mb

3.7.  An entry fee of $25AUD (GST inclusive) must be paid for each entry submitted (each image uploaded) unless selecting a discount package. All entry fees and prize monies are to be paid via Stripe online payments. Any applicable currency conversions will be in accordance with Stripe’s policies and the Promoter accepts no responsibility for any loss or damage that may be incurred as a result of currency conversion.

3.8.  The categories are –

3.8.1.  Portraiture

3.8.2.  Landscape

3.8.3.  Documentary

3.8.4.  Wildlife

3.8.5. Mobile

3.8.6. Student

3.8.7 Peoples Choice

Click here for further information on the categories

 

  1. Submission guidelines

4.1. Entries that have been submitted into Australian Photography Awards in previous years will not be considered for judging.

4.2.  Each entry must be an original photograph produced entirely by the entrant. It must not contain any trade marks or copyright material owed whole or in part by a third party or violate any persons’ rights of privacy.

4.3.  All details provided by the entrant must be true and accurate

4.4.  Where there is an identifiable person in an image submitted, the entrant is responsible for obtaining a signed Model Release to provide to the Promoter if requested. (A Model Release means a release signed by or on behalf of any person identifiable in the image)

4.5.  The image must not contain any identifiable information of the entrant. Images submitted with watermarks or branding on them will not be considered for judging.

4.6.  The image must not contain any material or content that is infringing, threatening, false, misleading, abusive, harassing, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane or otherwise objectionable.

4.7.  The image must not plagiarise the work of any other person.

4.8.  The image must not contain any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability or otherwise violate any law either of the Jurisdiction or any other country whose laws may apply to the entry.

4.9.  You must not upload or send any content which might disturb or damage the Promoter’s website or reputation.

4.10.  Entries that are found to have been derived from the designs or work of a third party, or otherwise breach these Terms and Conditions, will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. The winners may be required to sign a statutory declaration regarding the originality of the entry. Without limiting the generality of the foregoing, the Promoter reserves the right to take legal action against anyone found to have breached this term. 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 calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation are reserved.

 

  1. Judging

5.1.  The initial review of images, selecting up to 100 shortlisted finalists per category, will be done by the Promoter’s administration team consisting of two directors and two external judges. Shortlisted finalists will not win a prize as a result of being determined to be a shortlisted finalist.

5.2.  The additional judging process will be decided by the Promoter’s committee / judging team through a streamlined judging process and a three criteria judging system. This process will be completed on a fully-calibrated ‘Eizo’ monitor.

5.3.  The judges will be allocating each image a mark between one to ten for –

5.3.1.  Technicality

5.3.2.  Originality

5.4.  The third category is –

5.4.1.  Overall rating

5.4.2.  This will be rated in a one to twenty. This creates a maximum of 40 points per judge for each image.

5.5.  If any of the shortlisted images are found to be in breach of these Terms and Conditions, they will be immediately eliminated.

5.6  The judging process will be a streamlined system with no element of chance. There will be no correspondence between entrants and judges throughout this process.

5.7.  The judges’ decision in relation to any aspect of the competition is final and binding on each person who enters. Chance plays no part in determining any winner. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner’s nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.

 

  1. Prizes

 
6.1.  Each category will have its own winner, totaling eight category winners. These prizes consist of:

6.1.1.  Portrait – A Fujifilm Australia X-Pro 2 Graphite Silver Pack worth $3,750AUS, $1,500 cash prize and a $500 voucher to be used at michaels cameras.

6.1.2.  Landscape – A Fujifilm Australia X-Pro 2 Graphite Silver Pack worth $3,750AUS, $1,500 cash prize and a $500 voucher to be used at Manfrotto.

6.1.3.  Documentary – A Fujifilm Australia X-Pro 2 Graphite Silver Pack worth $3,750AUS, $1,500 cash prize and a $500 voucher to be used at Ilford Imaging.

6.1.4. Wildlife – A Fujifilm Australia X-Pro 2 Graphite Silver Pack worth $3,750AUS, $1,500 cash prize and a $500 voucher to be used towards Lowepro product.

6.1.5. Mobile – A Fujifilm Australia X-Pro 2 Graphite Silver Pack worth $3,750AUS, $1,500 cash prize and a $500 voucher to be used towards Lume Cube products.

6.1.6.  Student – $2,000 cash prize awarded by Reed Graduation Services.

6.1.7. People’s Choice – $500 cash prize awarded.

6.2.  In the event of a tie, the images in question will go back to the judges for a discussion and an anonymous re-vote.

6.3.  Winners will be announced from 17th October 2017 through our website and social media. The Promoter reserves the right to redeem all unclaimed prizes and proceed with how they deem fit.

6.4.  All decisions from the judging panel are finite and there will be no correspondence with entrance regarding the results.

6.5.  Any winner subsequently found by the Promoter to have breached these Terms and Conditions must return any awarded prize within 30 days of a request to do so. The Promoter will not enter into correspondence regarding such a request.

 

    7.  Rights

7.1.   All copyright remains with the photographer / entrant.

7.2.  The Promoter asserts no claims to the rights of any image entered into the competition except as expressed in these terms and conditions.

7.3.  If The Promoter uses any images through website or social media channels the photographer / entrant will be credited. Entrants consent to the use of their images in this way.

7.4.  By entering the awards, entrants grant the Promoter a perpetual, worldwide, royalty-free license to use credited images through the Promoter’s website and social media channels and to use entrants’ images and names either on-line or in print media to promote the awards at any time in the future.

7.5.  It is the entrant’s responsibility to protect their work from third parties by entering (but not limited to) metadata into the image. The Promoter will not be liable for any misuse of images.

7.6.  Each entrant acknowledges that the Promoter is under no obligation to use their entry.

7.7.  Any use of the image in accordance with these terms and conditions will be at the discretion of the Promoter.

7.8.  If there is any point where the competition needs to be postponed entry fees will not be refunded. When the Promoter recommences the competition all previous entries will be automatically included.

7.9.  If there is a point when the Promoter must cancel the competition all entry fees will be refunded.

 

    8.  Website use

8.1.  You must not use the APA website content to distribute, reproduce, publish, alter, modify, create derivative or exploit such contents for commercial benefit

8.2.  You may not transmit any unsolicited or unauthorised advertising, collect any available personal information from the APA Website on other individuals or upload personal information of other individuals, including their names, address, phone number or any other identifying information

8.3.  APA cannot guarantee that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the APA’s Website. APA has no liability for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the APA Website. APA is not responsible for any failure of equipment or technical error associated with the competition. Or for any incorrect information, commission, interruption or delay in operation.

8.4.  APA is not responsible for any theft, unauthorised access or distribution of any entries.

 

  1. Peoples Choice

9.1. There is no entry fee and no purchase necessary to enter this competition.

9.2 No responsibility will be accepted for entries not received for whatever reason.

9.3 Each individual may only submit one vote and will be required to verify their email address to finalise their vote.

9.4 APA is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

9.5 The winner will be notified via email within 7 days of the closing date for voting.

9.6 The winner’s name may be published on APA’s social media networks (Facebook, Twitter and/or Instagram) with the winner’s consent.

9.7 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social network. The entrant is providing information to the APA and not to any other party. The information provided will be used in accordance with the privacy policy.

9.8 Automatic logging of information

9.8.1 IP (Internet Protocol) addresses (an IP is the address of a computer) of visitors are automatically logged by our servers. The server makes a record of your visit and logs limited information for statistical purposes – your IP address, top-level domain name (.com, .gov, .edu, .com.au etc), the date and time of your visit to our site, pages accessed and documents downloaded, previous site visited and the type of browser used. These logs are used to administer the website and to diagnose problems in order to be able to rectify them. This data is also used for audience research to help us to improve the site.

9.8.2 IP addresses do not ordinarily contain any personally identifiable information and are aggregated for analysis. Such aggregate data may be used by APA. Recording usage patterns helps us to identify popular areas of our site, and helps us to improve the site. Reports generated on aggregate data are periodically reported on as part of the APA’s internal governance.

 

  1. Use of cookies

10.1 A cookie is a small file sent by the APA web server onto your web browser software when you access the APA website. Some parts of the APA website may use cookies to maintain contact through a session. The cookies allows us to recognise you as you move from one page of this website to another. The cookies that are used by the APA website do not collect any personal information and we do not combine information collected through cookies with other personal information to tell us who you are other than to authenticate the user for security purposes. If you prefer not to receive cookies, you can adjust your internet browser to refuse cookies or to warn you when cookies are being used. Refusal may make some parts of our websites inaccessible, unusable, or not function correctly.

 

  1. APA also uses the following companies and technologies:

11.1 Google Analytics to analyse usage statistics on our websites. This analysis is performed using data collected from the australainphotographyawards.com.au website and is used to improve the web experience of our users. No personally identifiable information is collected by Google from this website by the use of cookies. If you would like to opt-out of the Google Analytics anonymous profiling, you can do so here. You can find out more about the kinds of information that Google collects in their Privacy Policy.

11.2 Google Adwords to provide remarketing, online advertisement delivery and tracking. Google use cookies to serve ads based on past visits to our website. You can find information about how you can opt out of Google’s use of cookies by visiting Google’s Ads Settings. Alternatively, you opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

11.3 Facebook to provide online advertisement delivery and tracking. Information on Facebook’s advertising policy and instructions on how to opt-out are available on their website.

11.4 Twitter to provide online advertisement delivery and tracking. Information on Twitter’s privacy policy and instructions on how to opt-out are available on their website.

 

  1. External links and social networking sites:

12.1 This site contains links to other sites. APA is not responsible for the privacy practices or the content of such web sites. APA is also active in several social networking spaces such as Facebook, Twitter, Instagram ,YouTube and Vimeo. Please be aware that APA is not responsible for the privacy practices on these external platforms and users should familiarise themselves with each platform’s conditions prior to contributing in these spaces.

 

  1. Privacy Collection Statement

13.1.  By submitting an entry into this competition entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.

13.2.  The Promoter and its related entities collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at australianphotographyawards.com.au. You may request access or to update your personal information or lodge a complaint by writing to The Privacy Officer, at hello@australianphotographyawards.com.au.

 

  1. Liability and Governing Law

14.1.  Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (‘Non-Excludable Guarantees’).

14.2.  In respect to this competition, except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or (d) any tax liability incurred by a winner or Entrant.

14.3.  The Competition is governed by the laws of Victoria, Australia. Each entrant irrevocably agrees that the courts of Victoria shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes which may arise out of or in connection with the Competition and, for these purposes, each entrant irrevocably submits to the exclusive and binding jurisdiction of the courts of Victoria.