Baby Competition Terms

1. Overview

The following Terms and Conditions provide information on how to enter the “Perfectly Imperfect Moments” promotion (the “Promotion”). Participating in this Promotion means accepting these Terms and Conditions. All times referenced will be based on Australian Eastern Standard Time (AEST). FUJIFILM Australia Pty Ltd (ABN 80 000 064 433) of Level 2, 54 Waterloo Road, Macquarie Park, NSW 2113 (“FUJIFILM”) is the promoter of  the Promotion.

2. Eligibility

You may only enter if:

• You are an Australian resident,
• You are aged 18 years or over at the time of entry,
• You are, or will become a member of the BIG W Photos website,
• You (or your spouse, de facto partner or partner) are not a member of staff of FUJIFILM, Woolworths Group Limited (ABN 88 000 014 675) trading as BIG W (“BIG W”), any group member of Woolworths Group Limited (“Woolworths”), or any agencies associated with the  Promotion (“Ineligible Individuals”), and
• Entry photographs do not depict children, stepchildren, grandchildren, siblings, nieces  or nephews of Ineligible Individuals.

3. Promotion Period

The Promotion starts at 12.01am AEST on Thursday 29 July 2021 and ends at 11.59pm AEST on Wednesday 1 September 2021 (the “Promotion Period”). This period will be divided into 5 entry periods (each an “Entry Period”) which will commence and conclude on the following dates and times:

4. How to Enter

To enter during the Promotion Period:

4.1       Visit the BIG W Photos website at www.bigwphotos.com.au/babycomp (the “Website”) and become a member of the Website by entering the Promotion,

4.2       Provide all requested details when prompted,

4.3       If you are eligible to enter per these Terms and Conditions (see section 2), upload a clear photograph of your child that was taken by you within the  6 month period immediately prior to the date of entry, and

4.4       Confirm that you agree to these Terms and Conditions by checking the relevant check-box.

 The child must either be the child or stepchild of the eligible entrant, and must be aged between 0-4 years old at the date of entry (“Eligible Child”). Limit of one entry is permitted per eligible entrant per Eligible Child.  

5. Conditions of Entry

When entrants submit Promotion related materials, including photographs (“Content”), the entrant licences and grants FUJIFILM and BIG W (including affiliates and sub-licensees) a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sublicensable right to:

• Use and reproduce the Content for the purpose of conducting the Promotion and judging the entry; and
• Use, reproduce, modify adapt, publish, and display the Content for any purpose in the media as long as the entrant consents in writing,
• Use, reproduce, publish and display the Content in the event that the entry comprises a winning entry in any media without the prior written consent of the entrant without compensation, restriction on use, attribution, or liability.

The entrant agrees not to assert any moral rights in relation to any of the uses described in

this section 5. The entrant warrants that he or she has the full authority to grant these rights.

The entrant agrees that they are fully responsible for the Content they submit. Neither FUJIFILM nor BIG W shall be liable in any way for any such Content to the full extent permitted by law. FUJIFILM will pre-moderate all Content and , subject to the terms of this section 5, FUJIFILM and/or BIG W may post the Content in various media or remove any Content without notice for any reason whatsoever.

The entrant agrees and warrants that they will:

• Not submit Content that is unlawful or fraudulent, or that is in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
• Not submit Content that contains viruses or causes injury or harm to a person or entity;
• Not submit Content that was used in a previous competition or promotion;
• Not submit Content depicting dangerous or illegal activity; and
• Comply with all laws and regulations, including laws that govern copyright, content, defamation, privacy, publicity, and access or use of others’ computer or communication systems.

Without limiting any other terms herein, the entrant indemnifies FUJIFILM and, to the extent relevant, BIG W for any breach of these Terms and Conditions.

6. Judging

There will be 3 winners selected for each Entry Period described under the Promotion Period section above. In each Entry Period, all valid entries will be judged based on the best perfectly imperfect captured moment with the entrant's child or stepchild per the Eligibility and How To Enter sections described in these Terms and Conditions. FUJIFILM reserves the right to select reserve entrants based on merit and use them as replacements if an original entry is no longer valid or does not claim their prize. Winners will be notified by email on the dates listed in the Promotional Period table and will also be announced on the Website and electronic direct marketing materials sent to Website members. Non-winning entries in each Entry Period will still be judged during the next Entry Periods.

Winners must claim their prizes within 28 days from the date FUJIFILM sends an email to the winner.

7. Prizes

The best valid entry, as determined by the judges in each Entry Period, will each win a cash prize of $2,000.

The next 2 best valid entries, as determined by the judges in each Entry Period, will each win a 30”x40” canvas print voucher (Recommended Retail Price $200) to be redeemed on the Website. These vouchers are valid for 12 months from the date they are issued to the winners. Redemption of these vouchers is subject to the BIG W Photos Terms and Conditions available here.

Any additional costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.

Prizes are not transferrable or exchangeable. Non-cash prizes are not redeemable for cash.

8. General Terms

8.1       Incomplete, indecipherable, or illegible entries will be deemed invalid.

8.2       If there is a dispute as to the identity of an entrant, FUJIFILM reserves the right, in its sole discretion, to determine the identity of the entrant.

8.3       This Promotion is a game of skill and chance plays no part in determining the winners. 

8.4       FUJIFILM’s decision is final and no correspondence will be entered into.

8.5       If the prize (or part of any prize) is unavailable, FUJIFILM, in 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.

8.6       FUJIFILM reserves the right, at any time, to verify the validity of entries (including an entrant’s and the entrant's child's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at FUJIFILM's discretion. Failure by FUJIFILM to enforce any of its rights at any stage does not constitute a waiver of those rights.

8.7       Entrants consent to FUJIFILM and BIG W using their and their child's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by FUJIFILM or BIG W.

8.8       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 FUJIFILM, including but not limited to technical difficulties, unauthorised intervention or fraud, FUJIFILM reserves the right, in its sole discretion, to the fullest extent permitted by law to: (a) disqualify any entrant; or (b) modify, suspend, terminate or cancel the Promotion, as appropriate.

8.9       Any cost associated with accessing the Website is the entrant’s responsibility and is dependent on the internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

8.10     Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, FUJIFILM and BIG W (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury or any other loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of or connected with the Promotion.

8.11     Except for any liability that cannot by law be excluded, including the Non-Excludable   Guarantees, FUJIFILM and BIG W (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence) for any personal injury or any other loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of or connected with: (a) any technical difficulties or equipment malfunction (whether or not under FUJIFILM’s control); (b) any theft, unauthorised access or third party interference; (c) any entry, prize or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by FUJIFILM) due to any reason beyond the reasonable control of FUJIFILM; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner; or (f) the prizes.

8.12     FUJIFILM collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. FUJIFILM will disclose entries to the Promotion to BIG W for the purpose of selecting the Promotion winners. Entry is conditional on providing this information. FUJIFILM may also use the personal information for purposes set out in its privacy policy located on FUJIFILM’s website at www.fujifilm.com/au/en. FUJIFILM may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out of marketing, or to access, update or correct information to FUJIFILM’s Privacy Officer (Postal Address: PO Box 63, North Ryde BC, NSW 1670 - Email: ffau.privacy@fujifilm.com). All entries become the property of FUJIFILM.