FUJIFILM instax mini 12 Consumer Launch Promotion
06 April 2023 – 30 June 2023
Terms and Conditions
- Information and instructions on how to enter this promotion to win the Promotion Prize (defined below) form part of these Terms and Conditions. By participating in this promotion, the entrant will be deemed to have accepted these Terms and Conditions and agreed to be contractually bound by them.
- Promotion is only open to Australian residents. All entrants under the age of 18 must obtain the prior permission of their legal parent or guardian over the age of 18 to enter. The parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
- Employees (and their immediate families) of the Promoter and its agencies associated with this promotion are ineligible to participate. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 1st cousin.
- Promotion commences on 06 April 2023 and closes at 11:59pm AEST on 30 June 2023 (“Promotional Period”). Any products purchased outside of these dates will not be accepted.
- To be eligible to enter the promotion, an eligible individual must purchase a FUJIFILM instax mini 12 Camera either as a standalone item or as part of a FUJIFILM instax bundle (“Eligible Product”) from an authorised Australian participating dealer/retailer listed on www.instax.com.au/pages/store-locator during the Promotional Period (“Qualifying Purchase”). For the avoidance of doubt, this promotion does not apply to any FUJIFILM products other than the FUJIFILM instax mini 12 Camera.
- To enter this promotion, eligible individuals must then go to www.instax.com.au/win, follow the prompts to the promotion entry page, fully complete the online entry form and follow the instructions to submit the completed entry form during the Promotional Period. The Promoter will only accept entries where the Qualifying Purchase was made during 6 April 2023 until 11:59pm AEST on 30 June 2023.
- Only one (1) entry is permitted per person.
- The “Promotion Prize” consists of three (3) x Flight Centre gift cards each valued at $4,000. Total prize pool value is $12,000.
- The winner of the Promotion Prize will be drawn at the Promoter’s Address at 10.00am AEST on 13 July 2023 in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing within two (2) business days of the draw and their name will be published at instax.com.au/win on 19 July 2023.
- The first valid entry drawn will win the Promotion Prize outlined in clause 8. For the avoidance of doubt, only one (1) winner will win all three (3) Flight Centre gift cards.
- This promotion is not affiliated with Flight Centre Travel Group Limited.
- 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.
- Entrants must retain a copy of their original receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry. Purchase receipt must be in the form of a valid Australian tax invoice, as defined by the Australian Taxation Office.
- Any cost associated with accessing the Promotion website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated 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.
- The Promoter reserves the right to verify the validity of entries (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter reasonably believes may have tampered with the entry process, engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion or submitted an entry which is not in accordance with these Terms and Conditions. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- Incomplete or indecipherable entries will be deemed invalid. Entries will not be valid in the event that an entrant’s purchase of an Eligible Product is refunded.
- Subject to the unclaimed prize draw clause, if for any reason the winner does not take the Promotion Prize by the time stipulated by the Promoter, then the Promotion Prize will be forfeited.
- If the Promotion Prize is unavailable for any reason, the Promoter, in its discretion reserves the right to substitute the prize with another reward of equal or greater value and/or specification, subject to any written directions from a regulatory authority.
- The Promotion Prize, or any unused portion of the Promotion Prize, is not exchangeable or transferrable and cannot be taken as cash unless specified otherwise.
- Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
- If the winner of the Promotion Prize is under the age of 18 years, the Promotion Prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
- A draw for the Promotion Prize, if unclaimed, may take place on 14 August 2023 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified in writing within two (2) business days of the draw and their names will be published at instax.com.au/win from 18 August 2023.
- Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- 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: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- 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, 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 promotion.
- 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 the prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a entrant; or (f) use / taking of the prize.
- All entries become the property of the Promoter. The Promoter requires entrants’ personal information in order to conduct this promotion. If the requested information is not provided, then the entrant cannot participate in the promotion. The Promoter will use and handle the entrants’ personal information as set out in its Privacy Policy (which can be viewed at www.fujifilm.com.au/terms-and-conditions/privacy-policy). In addition to any use that may be outlined in the Promoter’s Privacy Policy, by making an entry, unless otherwise advised by the entrant, each entrant consents to the information they submit with their entry being entered into a database and the Promoter may use this information in any media for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. A request to access, update or correct any information should be directed to the Promoter’s Privacy Officer (Postal Address: PO Box 63 North Ryde BC NSW 1670 - Email: ffau.privacy@fujifilm.com). 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 or any other applicable law and how those complaints will be dealt with. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
- The Promoter’s decision is final and no correspondence will be entered into.
- The Promoter is FUJIFILM Australia Pty Ltd (ABN 80 000 064 433) of Level 2, 54 Waterloo Road, Macquarie Park, NSW 2113 (Postal Address: PO Box 63 North Ryde BC NSW 1670) (“Promoter”). Any queries in relation to this promotion other than privacy queries should be directed to the Promoter (email: ffau.instax@fujifilm.com).
NSW Authority: TP/02506. Permits: ACT TP23/00377 SA T23/276