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Conditions of entry – #BehindThePhoto campaign

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GENERAL

  1. Information on how to enter form part of the Conditions of Entry. Entry into this campaign deems acceptance of these Conditions of Entry. To the extent of any inconsistency between these Conditions of Entry and any other references to this campaign, these Conditions of Entry will prevail.
  2. This campaign is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to the Promoter and not to Facebook.

 

WHO CAN ENTER

  1. Entry is open to all residents of Australia and New Zealand aged 18 and over with a valid Instagram account except employees and immediate families of the Promoter and associated companies and agencies, Immediate family means any of the following: spouse, ex-spouse, defacto 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 first cousin. The Promoter is Ancestry Ireland Unlimited Company, 52-55 Sir John Rogerson’s Quay, Dublin 2, Ireland.
  2. Entrants into this campaign must be 18 years of age or older as at the date of entry.

 

HOW TO ENTER

  1. To enter, entrants must upload a photo with the following hashtag: #behindthephoto and on the post, tell us the story behind your photo.
  2. Entries must include an explanation on the photo and the related story behind the photo. Each entry must be unique and must contain the necessary story explaining each photo that is submitted.

 

OPEN, CLOSE, DRAW AND PUBLISH DATES

  1. The campaign commences on 19 October 2020 and will continue until further notice from the Promoter. The Promotor will select from entries to be featured on its social channels.
  2. The entrants of the selected entries will be contacted via Instagram direct message to reconfirm permissions before Ancestry features the content on its social channels.

 

SELECTED ENTRIES

  1. The selected entries will be featured on Ancestry’s social pages. There is no cash alternative for the selected entries and it is non-transferable.
  2. If an entrant that has been selected to be featured on [Ancestry’s Instagram/Facebook] pages does not respond to the Instagram message with the required contact (and other) details within one week of receipt of the message, the Promoter reserves the right to re-select the entries to be featured on its [Instagram/Facebook] pages with no further obligation or liability to the initial chosen entries.

 

FURTHER CONDITIONS OF ENTRY

  1. The #BehindThePhoto hashtag is a tool utilised in the Ancestry Behind The Photo campaign. However Ancestry does not own this hashtag, and cannot / does not control what is uploaded and tagged in the public domain.
  2. The Promoter reserves the right to amend these Conditions of Entry if this campaign cannot be run as originally planned. The Promoter may also cancel or suspend this campaign if an event beyond the control of the Promoter corrupts or affects the administration, security, fairness, integrity or proper conduct of this campaign. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this campaign.
  3. The Promoter and their associated agencies and companies are not liable or responsible to any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur during the campaign; whilst undertaking any travel or connected with their entry into the campaign; as a consequence of late, lost or misdirected mail, email, SMS or phone call; due to the broadcast of any program relating to the campaign or the publication of any material, including any statements made by any compony, staff member, journalist, other entrants or any other person; any injury or damage to entrant’s or any other person’s computer software or phone; or any combination thereof, related to or resulting from participation or sending or receiving any communication or of any materials in this campaign.
  4. All entrants must submit only their own photos , designs and works. Entrants confirm that they are the owner of the photos submitted and have the necessary permissions of the persons featured in the photo(s). The owner of the chosen entries may be required to sign a statutory declaration regarding the originality of the entry. Photos tagged with #behindthephoto must not be obscene, defamatory or inappropriate in any manner of form. Without limiting the generality, 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 campaign. The Promoter’s legal rights to recover damages or other compensation are reserved.
  5. The Promoter reserves the right to request that the entrants of the chosen entries sign a deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency and/or proof of entry validity (including phone bill). Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that the entrants cannot provide suitable proof, such entrants will not be featured on the Promotor’s [Instagram/ Facebook] pages.
  6. The Promoter reserves the right to rejudge in the event of an entrant, where such entrant is  unable to satisfy these Conditions of Entry.
  7. The judges’ decision in relation to any aspect of the campaign is final and binding on each person who enters. Chance plays no part in determining the selected entries. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries

 

COPYRIGHT, STATUTORY GUARANTEES, WAIVER AND LIABILITY

  1. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. Ancestry Ireland Unlimited Company and its related entities collect entrants’ personal information for the purpose of conducting and promoting this campaign (including but not limited to determining and notifying the selected entrants and may, for this purpose disclose such personal information to third parties, including but not limited to agents, contractors, service providers and prize suppliers). The Promoter will also use and handle personal information as set out in its Privacy Policy, which can be viewed at http://www.ancestry.com.au/cs/legal/privacystatement. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles under the Privacy Act 1998 (Cth) or under the Privacy Act 1993 (NZ) (whichever is applicable), or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any unauthorised 3 party entity outside of Australia or New Zealand (whichever is applicable).
  2. Nothing in these Conditions of Entry 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”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 the campaign.
  3. 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; (d) any variation in prize value to that stated in these Conditions of Entry; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize.