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Competition Rules

Please ensure that you read and agree to the competition rules at the bottom of the page before submitting your entry. We look forward to receiving some creative entries for Living Australian 2011/2012.

Competition Period and Operation

The ‘Living Australian’ Online Photography Competition aims to encourage Australians to capture, through the medium of photography the theme ‘Make Your Mark Australia’. People will be able to explore and capture what makes them truly ‘live as Australians’ and ultimately showcase the many contributions Australians have made. ("Competition").

The Competition is operated by the State of New South Wales, Department of Premier and Cabinet ABN 34 945 244 274, trading as the Australia Day Council of New South Wales ("ADCNSW").

The Competition commences at 10.00am AEST on 7 September 2011 and concludes at 11.59pm AEDST on 6 December 2011 unless terminated earlier or extended, by ADCNSW in its absolute discretion. The ADCNSW may deal with entries it receives up to the date of termination of the Competition according to the Competition Rules.

By completing a Competition Entry Form ("Entry Form"), and submitting your photographs, you may participate in the Competition and have the opportunity to have your photographs publicised and, to win the prize/s. By submitting an Entry Form, you agree that the terms of the Entry Form and these Competition Rules (together the "Competition Rules") create a legally binding agreement between you and the ADCNSW.

Eligibility For Participation

The Competition is open to all people living in Australia and to all Australian citizens living overseas. Foreign citizens living in Australia on long-term visas (such as residency, work, student visas) are eligible to enter. People living in Australia on tourist visas are ineligible to enter. You do not need to have any experience in photography to participate in the Competition.

The following persons and their spouses and immediate families are ineligible for the Competition:

  • Members of the NSW Parliament;
  • employees of the ADCNSW; and
  • employees of the sponsors and partners of the ADCNSW.

If you are under 18 years old at the date you intend to submit an Entry Form, you must have consent from your parent or legal guardian to enter, and the parent or legal guardian must agree to ensure that you comply with the Competition Rules. The ADCNSW reserves the right to request a signed consent form from the parent or legal guardian of a participant aged under 18 years at any stage during the Competition. Parents or legal guardians will be required to accept the prize if an entrant under 18 is the winner. Expenses or liabilities incurred by the parent or legal guardian to do this will not be covered by the ADCNSW.

The ADCNSW reserves the right to request finalists to provide proof of identity, age, citizenship, residency and visa status. Proof considered suitable for verification is at the absolute discretion of the ADCNSW. If a finalist cannot provide suitable proof, they will not be eligible for the prize. Where the prize has been forfeited, the ADCNSW, in its absolute discretion, may award the prize to any other finalist it chooses.

If the ADCNSW discovers at any point in the Competition that an entrant has entered another photography competition with the same image within six months of the commencement of the Living Australia Competition they may be disqualified.

How to Participate

If you want to participate in this Competition, you must follow all of these steps:

  1. Access the AUSSIEVAULT® website (www.AUSSIEVAULT.com.au) either directly or via the link at www.australiaday.com.au ;
  2. Login to the AUSSIEVAULT® website if already a registered user of the website, or register as a user of the website. You can register via the links on www.australiaday.com.au or directly on www.AUSSIEVAULT.com.au;
  3. Select the Living Australian Photography Competition located ‘In the Vault’;
  4. Read and accept the Competition Rules by clicking on the "Yes, I agree" button;
  5. Complete an Entry Form by including all mandatory information, including selecting the division (Open or Junior) and follow the directions to upload photographs that comply with the Competition Rules and meet the Competition criteria;
  6. For those entering the Junior the junior division or are under 18 years need to select "Yes, my parent/guardian consents to my entry and the parent/guardian must agree", parent/guardian must include their contact details on the entry form;
  7. Submit the completed Entry Form and complying photograph;
  8. You will be notified by email to your email address specified in your registration that your entry has been received within 48 hours of submission of your entry. However, ADCNSW reserves the right not to upload an entry to this website, or within this period, for any reason, and to remove an entry at any time for any reason. The entrant may not be notified of this via email.

Participants may only submit new and original work in their entry to this Competition. Submissions must comply with this Competition's requirements. The ADCNSW reserves the right to reject any submission that does not meet these requirements.

Competition information and the Entry Form are available via the links on www.australiaday.com.au or directly on www.AUSSIEVAULT.com.au. There is no entry fee.

Categories of Photographs

There will be two category layers – Divisions and Theme categories

Divisions include:

  1. Open - Anyone can enter this division, not restricted by age groups

    Prize - $4000 and Image featured on an Australia Post Stamp

  2. Junior - Under 18 years, including people attending a primary or secondary school

    Prize - $1000 and a Canon EOS 600D DSLR camera

The ADCNSW recommends that entrants in the Junior division and participants under 18 entering the Open division read the Competition Rules with a parent/guardian. Participants aged under 18 are required to provide guardian contact details on the entry form.

Finalists may also be given the opportunity to be featured in additional products and opportunities.

For each division, the prize will go to the entrant on the entry form. Other contributors to the entry/image will be acknowledged on the website if the entrant includes them on the entry form. They will not be the official winners of the prize. 

Theme Categories

Participants in each division (Open and Junior) are asked to submit a quality photograph that represents their visual interpretation of the theme ‘Make Your Mark Australia’. People will be able to explore and capture what makes them truly ‘live as Australians’ and ultimately showcase and celebrate the many contributions Australians have made locally, nationally and globally through the following theme categories:

  • Local
  • Global
  • Humour
  • Lifestyle

The theme categories will be located on the entry form and detailed in the ‘Tips for Uploading’.

There are no prizes for the theme categories, only for the two divisions (Open and Junior). Entrants may only select one theme and division per image.

Entrants submitting images into the Junior division may also enter different images in the Open division. Under no circumstances can the same image be entered more than once in the Competition.  

Submission of Photographs

You may submit a maximum of ten photographs across the division and theme categories per person. The same image cannot be uploaded to multiple divisions and theme categories. You select the relevant category by ticking the relevant box on the Entry Form.

You must keep a copy of each photograph submitted in the highest resolution possible as this may be requested by ADCNSW.

Image Upload Specifications

Note that the following are not accepted for entry in the Competition:

  • hardcopy, printed or scanned photographs
  • negatives
  • slides
  • other non-digital format photographs or images

Uploaded photographs must comply with the Image Upload Specifications, as follows:

  1. each photograph must be submitted separately in accordance with the Competition Rules;
  2. each photograph must be accompanied by an image description of 200 words or less for each photograph which answers the question on the Entry Form;
  3. The same photograph cannot be submitted for multiple categories/divisions
  4. each photograph must be a high quality JPEG file measuring at least 3000 pixels on the longest side or a minimum size of A4 at 300dpi. We recommend using a camera with a minimum of 6 Megapixels. Files should range from minimum file size 500Kb to a maximum 8MB to facilitate easy uploading;

‘Tips for Uploading’ are available in the ‘Entry Form’ section of the AUSSIEVAULT® website.

It is the entrant’s responsibility to comply with the Image Upload Specifications and, without limitation; the ADCNSW takes no responsibility for any photographs that have been uploaded incorrectly.

Acceptable Content

It is prohibited to upload, communicate or publish on this site entries, including photographs, or comments or any other materials which:

  • are discriminatory, racist, hateful, violent, threatening, abusive, defamatory, obscene, vulgar, feature nudity or are pornographic, profane or indecent or are otherwise unlawful;
  • infringe any other person's copyright or moral rights or other intellectual property rights; or
  • advertise or are otherwise designed to sell a product or service or increase traffic to any other website.

The ADCNSW reserves the right to remove any entries, photographs, descriptions, website links or other materials uploaded, communicated or published on this site which it considers (in its absolute discretion) objectionable or in breach of the Competition Rules or other terms of this site. This decision is in the ADCNSW's absolute discretion and discussions will not be entered into.

Acceptance of Entry

You will be notified by email to your email address specified in your Entry Form that your entry has been received within 48 hours of submission of your entry. If your email changes in the course of the competition, you will need to register again as email details cannot be updated.

ADCNSW intends that photographs meeting the Competition Rules will be uploaded to the Competition section of the AUSSIEVAULT® website within 48 hours of their successful submission by an entrant. However, ADCNSW reserves the right not to upload an entry to this website, or within this period, for any reason, and to remove an entry at any time for any reason without notice or email notification to the entrant.

In order to be considered for the divisional category prizes (Open and Junior) you must submit your entry by 11.59pm AEDST on 6 December 2011 (unless the Competition is terminated earlier or extended by ADCNSW).

Amendment of Entry and Registration Information

All entrant material must be uploaded with a completed Entry Form. Once the Entry Form and the accompanying entrant material are submitted, no subsequent access will be provided to entrants to add to or edit registration information or entry. Entrants should direct any request to correct or update any incorrect information to the Webmaster at australiaday@dpc.nsw.gov.au.

Requests to delete one or more photographs from a submitted entry or to delete an entry in its entirety may be made by contacting the Webmaster at australiaday@dpc.nsw.gov.au. Note that where an entire entry is deleted further entries from that entrant may be prohibited at the ADCNSW's absolute discretion.

Judging

1. Finalists

A judging panel formed at ADCNSW’s discretion will judge the entries and select up to 20 Competition finalists (a smaller number of finalists may be selected) from each division between the 6 December and 15 December 2011 ("Finalists").Entries will be individually judged based on each photograph’s ability to reflect the theme of Mark Your Mark Australia in ways which:

  • are creative
  • are innovative
  • demonstrate artistic merit (including image composition, treatment of light and shade, subject treatment)
  • represent the theme category in which they are entered
  • are suitable for reproduction on a postage stamp [see Tips for Uploading]

The Open division Finalists and Junior division Finalists will be highlighted on www.aussievault.com.au in the Finalist section from 20 December 2011 and the general public will be given the opportunity to make comments. There will not be any public voting.

2. Winner/s

The winner/s of each division (Open and Junior) will be selected by a creative judging panel and announced in January 2012 .

ADCNSW will treat the person whose name appears on the Entry Form as the photographer of the photographs submitted with the Entry Form. Only this person will be named as a Finalist or a winner in the Competition.

ADCNSW's decision is final and binding and no correspondence will be entered into.

The Finalists’ entries, including their display name as shown in their entry, image location, date and image description will be featured at www.aussievault.com.au (which will also be accessible by hyperlink from www.australiaday.com.au).

Prize winners and Finalists agree to participate in any promotional activity promoting the ADCNSW, prize sponsors and/or the Competition, as may be reasonably requested by the ACDNSW. 

Prize

The prizes will be based on the Division below:

1. Open

  • $4000 in cash
  • Image featured on an Australia Post Stamp for release mid year 2012

2. Junior

  • $1000 in cash
  • Canon EOS 600D DSLR camera

In addition one or more of the Finalists’ images from any division may be eligible to be featured on an Australia Post Stamp, or Stamp issue product, for release mid year 2012. This selection and opportunity will be at Australia Post’s absolute discretion.

Finalists and winners may also receive exposure through media opportunities, showcased on digital screens, local council and State and Territory websites, newsletters to promote Australia Day.

(All travel, accommodation and any other arrangements of any kind required for the overall winner to attend engagements in connection with the award will be determined by the ADCNSW in its absolute discretion. For the avoidance of doubt, no cash substitute will be provided).

If any prize (or part of any prize) is unavailable, the ADCNSW, at its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.

Non-cash prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

Where a participant is aged under 18 years, the prize will only be awarded to a parent or legal guardian. No travel, accommodation and any other arrangements of any kind required for a parent or guardian of the overall winner to attend engagements in connection with the award shall be paid by the ADCNSW.

Entrant's Representations and Warranties

You represent, warrant and agree that:

  • you are eligible to enter the Competition;
  • all the details in the Entry Form were true and correct at the date you submitted the Entry Form;
  • If you are under 18 years you have obtained permission from a parent/guardian to enter
  • you are the photographer of the photographs you submitted to the Competition;
  • you are the sole owner of the copyright in the photographs and in all descriptions of the photographs that you upload to the AUSSIEVAULT® website ("Your Material"), and that Your Material is original to you and does not otherwise infringe any intellectual property or other rights of anyone, including but not limited to, copyright, trademarks, trade secrets, privacy, publicity, personal or proprietary rights. Without limiting this, you have obtained all necessary permissions from each person whose intellectual property is reproduced in the photograph to enable you to comply with the Competition Rules, including, but not limited to, granting the licences required by the Competition Rules;
  • Your Material does not defame, misrepresent, contain disparaging remarks or other content that could adversely affect the name, reputation or goodwill of anyone or contain pornographic or hateful content that promotes violence or harm or other offensive, obscene or inappropriate content or contravene any other law;
  • Your Material complies with all other Competition Rules;
  • you have obtained permission from each person recognisable in Your Material to submit Your Material and for it to be used according to the Competition Rules, and for the ADCNSW to use their name and likeness to promote and advertise the Competition and the ADCNSW;
  • Subject to the ADCNSW's rights pursuant to these Competition Rules, your Material has not been, and will not be, entered into any other photographic or other competitions or published in any magazine, newspaper, journal, website or other publication from 7 March 2011 and until expiry or termination of this Competition;
  • Your Material is not the subject of any other third party agreements that would prevent its use according to the Competition Rules or require ADCNSW or anyone else to pay any third party for this use.

You unconditionally indemnify ADCNSW (which term includes the State of New South Wales and the ADCNSW's officers, employees, contractors and agents), and must pay ADCNSW on demand the amount of, all losses, liabilities, expenses and taxes that ADCNSW may suffer (including the cost of settlement and any legal expenses on a full indemnity basis) because any of your representations or warranties are incorrect, you breach the Competition Rules, or because of a claim or proceeding by another person against ADCNSW that you have caused or contributed to.

Copyright Ownership and Consents

As between you and the ADCNSW, you (and any others who contributed to the entry such as by supplying any copyright material that you photograph) retain ownership of any copyright in Your Material. You place material on this site at your own risk. The ADCNSW does not take responsibility for any unlawful or other use of entries or comments by any other person.

You must not post an image which features any other person, or to which others contributed such as by supplying any copyright material that you photograph, without their permission and unless they too have read and agree to these Competition Rules.

ADCNSW will, wherever reasonably possible, attribute an entry using the display name(s) supplied with the entry. However, to the extent permitted by applicable law, you (and any others who are featured in or contributed to the entry) agree that the ADCNSW may reproduce, publish, and communicate to the public Your Material with or without attribution of authorship. To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents, to additions to, deletions from and other alterations or modifications of, Your Material that would otherwise infringe moral rights established by the Copyright Act 1968 (Cth) for the benefit of the ADCNSW, and any person claiming an interest in Your Materials through the ADCNSW.

You acknowledge and agree that the ADCNSW and Australia Post may require you to provide, or may themselves seek, further consents from persons whose name or likeness is featured in any image or who may have supplied copyright material included in your entry. The ADCNSW and Australia Post reserve the right to seek such consents at any time during the Competition including prior to and as a condition of the award of any prize.

Licence to use Submitted Photographs

You grant to the ADCNSW an irrevocable, perpetual, royalty-free, transferable and worldwide non-exclusive licence (with the right to sub-licence) to reproduce, publish, communicate to the public, adapt, and otherwise exploit Your Material in all media whether known now or developed in the future (for example by displaying the entry on the ADCNSW website, the AUSSIEVAULT® website, on Facebook, Twitter, Youtube, Flickr or on any other website, publicly displaying your entry on a large format outdoor screens, or by communicating your entry to others by email, by mobile phone, by radio, television or print/online).

You grant to the ADCNSW an irrevocable, perpetual, royalty-free, transferable and worldwide non-exclusive licence (which includes the right to sub-license) to authorise others to view and reproduce Your Material for government, personal, commercial or in-house use. Current and future sponsors of ADCNSW may use entrant material in any way they choose to promote Australia Day events and programs.

You must obtain all necessary irrevocable, perpetual, royalty-free, transferable, worldwide, non-exclusive licences (which include the right to sub-license) in all material reproduced in the photographs you submit to the Competition, to enable the ADCNSW to exercise the rights granted to it by these Competition Rules.

Right to Use Names and Likenesses

If you submit an entry, you grant the ADCNSW the right to use (and to allow others to use) your name and likeness to promote and advertise the Competition, Australia Day nationally and the ADCNSW. However, the ADCNSW agrees not to use your name or likeness in connection with any commercial tie-ups, merchandising or for the direct or indirect endorsement of any product or service except for use on an Australia Post Stamp, or Stamp issue product.

Exclusions and Limitations of Liability

Except for any liability that cannot be excluded by law, the State of New South Wales (including, but not limited to, the ADCNSW's officers, employees, contractors and agents) excludes all liability (including negligence, and whether advised or aware of the possibility of that liability), 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 Competition, including, but not limited to, where arising out of the following:

  1. any technical difficulties or equipment malfunction (whether or not under the ADCNSW’s control);
  2. any theft, unauthorised access or third party interference;
  3. any unauthorised use of submitted images;
  4. any entry, photograph or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the ADCNSW) due to any reason beyond the reasonable control of the ADCNSW;
  5. any variation in prize value to that stated in these Competition Rules;
  6. any tax liability incurred by a winner or entrant; or
  7. use of a prize.

You are required to provide certain personal information to complete an Entry Form. Without your personal information, the ADCNSW cannot accept your Entry Form. You must give only accurate, complete and up-to-date information, and are solely responsible for ensuring that it complies with all applicable data protection and privacy laws.

This personal information will be collected and used according to the AUSSIEVAULT® Privacy Statement so that you may participate in, and the ADCNSW may administer, the Competition.

A copy of this Privacy Statement may be accessed at: www.AUSSIEVAULT.com.au

Without limiting the www.AUSSIEVAULT.com.au Privacy Statement, by completing an Entry Form you expressly consent to the ADCNSW providing your personal information to Australia Post and agree that Australia Post may use such information in order to contact you for the purposes of administering the Competition, the award of prizes or the use of your entry on any Australia Post Stamp or Stamp issue. ADCNSW will contact you directly should other external agencies or organisations request this information from ADCNSW.

If you have any questions about the application of the Privacy Statement or a request to access, or for the correction of, information held (for example because it is inaccurate, incomplete, out of date or misleading) please contact:

Australia Day Council of NSW
ATTN: Webmaster
GPO Box 5341
Sydney NSW 2001
Email enquiries can be directed to the ADCNSW Webmaster at: australiaday@dpc.nsw.gov.au

Disqualification and Cancellation

If you exceed the maximum number of submissions or you submit duplicate entries, you may be disqualified, your images deleted without notification and advised to resubmit according to the Competition Rules.

Your entry may not be accepted or may be disqualified at any time, if you do not complete all mandatory details in the Entry Form, you do not agree to the Competition Rules, or your entry does not comply with the Competition Rules.

If this Competition is interfered with in any way or is not capable of being conducted as anticipated for any reason beyond the reasonable control of the ADCNSW, the ADCNSW reserves the right, in its sole discretion, to the fullest extent permitted by law to:

  1. disqualify any entrant; or
  2. modify, suspend, terminate or cancel the Competition or any part of the Competition as appropriate.

Any cost associated with accessing the Competition website is your responsibility and is dependent on the internet service provider used.

You must not use any automated entry software or any other mechanical or electronic means that allows you to automatically enter repeatedly, and all entries submitted by this method are disqualified.

Giving effect to the Competition Rules

You must do anything (including sign any document) to give full effect to the Competition Rules.

Governing Law

The laws in force in New South Wales, Australia, govern the Competition and the Competition Rules. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in this State, and any courts that may hear appeals from those courts.

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