Grand Prize Winner
- Information on how to enter and the prizes form part of these Terms and Conditions. Participation in the BIG W Photos Cutest Baby & Toddler promotion (“Promotion”) is deemed acceptance of these Terms and Conditions.
- All times referenced throughout these terms and conditions will be based on Sydney local time.
- Entry is only open to Australian residents who are aged 18 years or over as at the time of entry and who are or become members of the Website (as defined below), excluding any staff of the Promoter (as defined below) and its related corporations, Woolworths Limited (ABN 88 000 014 675) and its related corporations ("Woolworths"), or any agencies associated with the Promotion and the spouses / de factos / partners of such staff members (“Ineligible Individuals”). Photographs of any of the following categories of children will be ineligible to be entered in the Promotion: children, step-children, grandchildren, siblings, nieces and nephews of Ineligible Individuals.
How to enter
- The Promotion starts at 12.01am AEST on 26 July 2018 and ends at 11.59pm AEST on 5 September 2018 (“Entry Period”).
- To enter, the individual must, during the Entry Period, undertake the following steps:
(a) visit the BIG W Photos website ("Website") at www.bigwphotos.com.au/babycomp and become a member of the Website by entering the Promotion (if they are not already a member);
(b) provide all requested details;
(c) upload a clear photograph of their own Eligible Child (as defined below), which they have personally taken, and which is not more than six (6) months old as at the date of entry; and
(d) check the box agreeing to these Terms and Conditions.
- "Eligible Child" means a child or step-child of the entrant who is aged between 0 and 4 years old (inclusive) as at the date of entry.
- Limit of one (1) entry is permitted per eligible entrant per Eligible Child.
- When an entrant submits any materials as part of the Promotion, including photographs (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter and Woolworths, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to:
(a) use and reproduce such Content to the extent necessary to conduct the Promotion and judge the entrant’s entry (provided that it is a valid entry);
(b) subject to sub-clause 8(c) below, use, reproduce, modify, adapt, publish and display such Content for any purpose in any media subject to the prior written consent of the entrant; and
(c) 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 clause 8. 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. The Promoter shall not be liable in any way for any such Content to the full extent permitted by law. The Promoter will pre-moderate all Content and may, subject to the terms of this clause 8, post the Content in various media or remove any Content without notice for any reason whatsoever. The entrant warrants and agrees that:
(i) he or she will not submit any 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;
(ii) his or her Content shall not contain viruses or cause injury or harm to any person or entity;
(iii) his or her Content must not have been used in any other competition or promotion or previously released to the general public;
(iv) his or her Content will not depict any dangerous or illegal activity; and
(v) he or she will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of these Terms and Conditions.
- All valid entries will be judged based on the cutest baby/toddler. The Promoter reserves the right to select reserves based on merit and use them as replacements in the event that any original entry selected is deemed invalid or the original prize remains unclaimed. Winners will be notified by email by 5 October 2018, and will also be announced on the Website and via electronic direct marketing materials sent to Website members.
- Winners must claim their prize within twenty-eight (28) days from when the email is sent to the winner by the Promoter.
- The best entry, as determined by the judges, will win a cash prize of $10,000.
- The next best ten (10) entries, as determined by the judges, will each win a $100 BIG W gift card and a 30”x40” canvas print voucher (RRP $200) to be redeemed on the Website. The BIG W gift cards are valid for three (3) years from the date of issue and use of the gift cards is subject to the BIG W gift card terms and conditions. The canvas print vouchers are valid for twelve (12) months from the date of issue and redemption of the vouchers is subject to the BIG W Photos terms and conditions which are available on the Website.
- Prizes are not transferrable or exchangeable and non-cash prizes are not redeemable for cash.
- Incomplete, indecipherable, or illegible entries will be deemed invalid.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- This Promotion is a game of skill and chance plays no part in determining the winners.
- If the prize (or part of any prize) is unavailable, the Promoter, 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.
- The Promoter 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 the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Entrants consent to the Promoter and Woolworths 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 the Promoter or Woolworths.
- 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 the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter 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.
- 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.
- 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 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 and Woolworths (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.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Woolworths (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 the Promoter’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 the Promoter) due to any reason beyond the reasonable control of the Promoter; (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 prize.
- The promoter is FUJIFILM Australia Pty Ltd of 114 Old Pittwater Road, Brookvale NSW 2100 (ABN 80 000 064 433) ("Promoter”).