Terms and Conditions - Instax Giveaway

FUJIFILM Instax Giveaway

Terms and Conditions (Terms)

  1. Each person (Participant, you or your) who submits a valid entry in accordance with these Terms (Entry) will enter the promotion known as the Instax Giveaway to which these Terms apply (Promotion).
  2. By submitting an Entry to the Promotion, the Participant is deemed to have accepted these Terms.
  3. The promoter of this Promotion is FUJIFILM NZ Limited (FUJIFILM NZ, us, we or our) of 2C William Pickering Drive, Rosedale, Auckland 0632. If you wish to contact us about anything relating to this Promotion, please contact ffnz.sales@fujifilm.com.
  4. The Promotion is open for valid entries from 12.01am on 3 February 2024 to 11.59pm on 3 March 2024 (Promotion Period).

Am I eligible to enter this Promotion?

  1. To be eligible to participate in the Promotion, you must be aged 16 or over. If you are under 18 years old:
    • you must read and agree to these Terms, including (without limitation) the consents that you provide to us in clauses 37 to 40 (relating to privacy);
    • your parent or guardian must also read and accept these Terms on your behalf. This means that your parent or guardian accepts all of the obligations and provides all of the consents of a “Participant” under these Terms in relation to your Entry.
  2. Employees and directors of FUJIFILM NZ, and agencies or service providers associated with running the Promotion, and their immediate family members, are not eligible to participate in this Promotion. An ‘immediate family member’ means a spouse, parent, sibling or child (including step-parents, step-siblings and step-children) of a relevant person.

What is the prize pool?

  1. There are two prizes available.
    • 1st prize is an instax Mini Link 2 + 20 pk film (RRP $299.99) and 20 pk of film (RRP $35.99); and
    • 2nd prize is an instax Mini 12 + 20 pk film (RRP $139.00) and 20 pk of film (RRP $35.99).
  2. We have the right to change either of the prizes if a prize is not available for any reason.

How do I participate?

  1. The Promotion is free to enter.
  2. To submit an Entry, each Participant must:
    • take a photograph with a FUJIFILM instax series camera (Photograph);
    • scan the Photograph using the INSTAX UP! app (you will need to have the app downloaded on your smartphone);
    • share the Photograph with us before the end of the Promotion Period in one of the following ways:
      • post the Photograph using either of your Facebook or Instagram accounts, tag instax NZ’s Facebook account or the @instaxnz Instagram handle (as applicable) and use #INSTAXNZ in your post caption (noting that a post Entry made in this way will count as 5 total Entries, as set out in clause 12 below); or
      • send the Photograph to us via direct message @instaxnz via Instagram or via Facebook messenger to the instax NZ account (noting that a direct message Entry will count as only 1 Entry, as set out in clause 12 below); and
    • follow instax NZ (in the case of Facebook) or @instaxnz (in the case of Instagram) on the relevant social media platform that you used to submit your Entry.
  3. If an Entry that features the same Photograph is made to both Facebook and Instagram, that Entry will count as 2 unique Entries (and each will attract Bonus Entries as set out in clause 12).
  4. Each Entry that is posted to your social media account (i.e. in the manner described in clause 3(a)) will automatically be awarded 4 additional bonus Entries (Bonus Entries). Each Entry that is sent to us as a direct message (i.e. in the manner described in clause 10.3(b)) will count as 1 Entry only.
  5. Participants may enter more than once (provided that each Entry includes a unique Photograph). There are no maximum number of Entries per Participant.
  6. If your Photograph features an identifiable human subject (e.g. if the person’s face appears in the Photograph), you must obtain that person’s prior written consent before entering the Photograph in the Promotion. We may require you to show us such written consent at any point, including before verifying your claim to a prize as a winner.
  7. Entries must:
    • comply with the terms of the relevant social media platform; and
    • otherwise comply with any entry requirements that we may post on our instax NZ Facebook and Instagram accounts; and
    • be received during the Promotion Period. We accept no responsibility for Entries received outside the Promotion Period, and any Entry received after such time will not be considered.
  8. Each Photograph must:
    • be taken with a FUJIFILM Instax series camera and uploaded using the INSTAX UP! app;
    • be an original photograph taken by the Participant; and
    • otherwise comply with these Terms.
  9. All Entries are subject to verification by FUJIFILM NZ. We reserve the right to:
    • accept or reject any Entry from a Participant;
    • disqualify a Participant if they do not comply with these Terms;
    • disqualify any Entry if it is incomplete, or otherwise fails to comply with the entry requirements; or
    • disqualify any Entry if, in our opinion, the Entry (including any Photograph that is the subject of an Entry):
      • includes any content of the type described in clause 4; or
      • is likely to be in breach these Terms or any applicable law.

Our decision in respect of matters contemplated by this clause 16 are final and binding on all Participants.

  1. We take no responsibility for any lost, misdirected or incomplete Entries.
  2. We may disqualify any Participant we find to be interfering with, or subverting, the proper operation of the Promotion or that is otherwise in breach of these Terms. Without limitation, this includes any Participant who submits a fraudulent or automated Entry.

How will I know if I have won a prize?

  1. Each valid Entry (including any Bonus Entries as set out in clause 12) will go into a draw to win the prizes. The two prize winners will be randomly drawn.  A Participant may not win both prizes.
  2. The result of the draw will be publicly announced on our Instagram and Facebook account on 4 March 2024. We will also notify the winners via direct message to the social media account used to submit the Entry.
  3. We will specify in our direct message to the winners a deadline before which the winners must claim the prize (Claim Deadline), and instructions about how the prize can be claimed and verified (Claim Process). If there is no Claim Deadline specified in our message, the Claim Deadline will be 5.00 pm on the date that is 5 working days of our direct message to the winner.
  4. Each winner must provide us with their full name, email and postal address, and follow our reasonable instructions relating to our Claim Process. We may request, for example, that the winner must:
    • send us any information reasonably requested by us to verify the validity of the Entry;
    • send us evidence that they have complied with these Terms; and/or
    • agree to further reasonable conditions and/or consents.
  5. If a winner does not claim the prize by the Claim Deadline, we may disqualify that person’s Entry and draw another winner.
  6. The prize will be sent via tracked courier to the winner’s postal address within 20 working days of the date we confirm the completion of the Claim Process.
  7. Our selection and verification of winners is final and binding on all Participants. We will not enter into any correspondence about the results.   
  8. We give no warranty relating to any particular level of exposure or publicity that any particular Photograph or winner will receive.
  9. Prizes are not transferable or exchangeable. Prizes may not be redeemed for or replaced by cash or credit.

Your obligations

  1. You confirm and warrant that the following statements are true, accurate and not misleading:
    • you are the sole owner of the copyright in the Photograph;
    • you have full authority to enter into the Promotion and agree to these Terms;
    • the Photograph does not infringe the copyright, trademark or any other rights of any third party, including any right of confidentiality or privacy;
    • the Photograph does not contain:
      • any obscene, objectionable or defamatory matter;
      • any commercial content that promotes any product or service other than FUJIFILM NZ or this Promotion; or
      • the names, likenesses or other characteristics identifying celebrities or other public figures;
    • each human photo subject depicted in the Photograph (or their legal guardian, as applicable) has provided you written consent to be portrayed as depicted in the Photograph; and
    • you have secured all other third-party permissions and releases necessary to ensure that we are not in breach of any applicable privacy laws.
  2. You agree that you will immediately inform us as soon as possible after becoming aware that any of the warranties in clause 29 are untrue.
  3. You indemnify us against all costs, expenses, and claims in connection with your breach of any of the warranties in clause 29.

Intellectual Property

  1. Each Participant retains full ownership of all intellectual property rights in their Photograph.
  2. As a condition of your Entry into the Promotion, you authorise us to publish your Photograph and your social media handle (and, if you have provided it to us, your full name), including by posting it to our Facebook and Instagram accounts and our website at fujifilm.co.nz and for related promotional and media publicity purposes, provided that we credit you by your social media handle. You waive any claim to royalty, right or remuneration for such use.

Liability

  1. We will not be liable for any failure to fulfill our obligations in relation to the Promotion, or to satisfy any of these Terms, owing to circumstances reasonably beyond our control.
  2. If you do not comply with the terms of Facebook, Instagram, or any other third party service, we are not responsible for that failure. To the maximum extent permitted by law, you indemnify us against any third party claim arising out of your breach of these Terms.
  3. To the maximum extent permissible by law, the Consumer Guarantees Act 1993 and any other applicable consumer protection legislation, we will not be liable for any loss, damage or injury of any nature however caused or sustained by you in relation to the Promotion.

Privacy and publicity

  1. Except as set out below, any personal information will be collected, held, used and disclosed in accordance with our privacy policy, which is available at https://www.fujifilm.com/nz/en/privacy.
  2. In connection with the Promotion, we collect your Facebook or Instagram social media handle and any information made available to us via your social media handle. If we contact you as a winner and initiate a Claim Process, we may also collect your full name, email address, phone number, postal address and any other information you provide us through the Claim Process.  You consent to the collection of such personal information by FUJIFILM NZ.
  3. By entering the Promotion, you agree that we may:
    • use your personal information for the following purposes (Permitted Purposes):
      • to administer the Promotion, including disclosing it to organisations that assist us with administering this Promotion;
      • if you are drawn as a winner, to announce your win (such announcement to include your Photograph and social media handle); and
      • to publish the Photograph and your social media handle as content in any marketing or promotional content.
    • store copies of the Photograph and your personal information for as long as necessary to fulfil the Permitted Purposes, including storing your contact details on our database in case we need to contact you in relation to the Permitted Purposes;
    • share your name, contact details and other personal information you have provided to us in connection with the Promotion with our third-party service providers for the Permitted Purposes.
  4. Where an Entry includes personal information about any other person, you confirm that you have received the consent of that person to their personal information being collected, stored and used by us for the purposes of the Promotion and the Permitted Purposes as described above.

General

  1. We reserve the right to terminate the Promotion at any time, change the Terms or add new terms and conditions that apply in connection with the Promotion without incurring any liability to any person.
  2. We may assign or license our rights and obligations under these Terms. You may not assign or license your rights and obligations under these Terms.
  3. Each of the winners is responsible for all insurances, taxes or other costs that may be associated with their participation in the Promotion.