Capture the Spirit

The 'CAPTURE THE SPIRIT' COMPETITION TERMS AND CONDITIONS

1. Information on how to enter and prize details form part of these Terms and Conditions.  Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The competition commences on 14 September 2009 at 10.00am (AEDST) and closes on 30 November 2009 at 11:59pm (AEST). Entry to this competition is via website only at www.capturethespirit.com.au.
3. Spirit of Tasmania's terms and conditions of carriage apply to the prizes which include travel on board Spirit of Tasmania. These can be found at www.spiritoftasmania.com.au/terms.htm.
4. If for any reason this promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and, subject to any written directions given by the various lottery departments, to cancel, terminate, modify or suspend the promotion.
5. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information either caused by programming associated with or utilised in this promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
6. The Promoter collects personal information in order to conduct the Promotion. The name and address details of entrants may be used as a mailing list for future promotions and marketing carried out by the Promoter, including via electronic messages and telephoning the entrant. Entrants can request update or correct information or request not to receive information about future promotions by calling 13 20 10 or emailing privacy@spiritoftasmania.com.au. If entrants do not provide personal information, the Promoter will not be able to enter them into this promotion.
7. The 'Promoter' is TT-Line Company Pty Ltd (trading as Spirit of Tasmania) of Station Pier, Port Melbourne VIC 3207.
   ABN 39 061 996 174.

ELIGIBILITY

8. Competition entry is open to all residents of Australia with the exception of entries for the Best Kids Photo Award. Entries for the Best Kids Photo Award must have been taken by an Australian resident aged 12 years of age as at 14 September 2009 or under.
9. All entries must have been taken within the Australian state of Tasmania and must not be more than five years old (ie taken from September 2004 onwards).
10. Entrants may submit three photos into the competition. Any entries submitted after the maximum of three will be automatically disqualified.
11. Entries must be the original work of the entrant and no third party may enter on behalf of an individual.
12. Any entry depicting people must include permission from the subject(s) and the entrant must be able to produce evidence of such permission if required.
13. Spirit of Tasmania prohibits the upload of material that violates the rights of others or is unlawful, defamatory or obscene. We reserve the authority to reject or remove photos which violate these standards.
14. By uploading images of children less than 18 years of age, the photographers warrant that images were created in line with relevant state or territory laws and regulations in force at the time.

HOW TO VOTE

15. Members of the general public are eligible to vote for their favourite photograph by logging onto www.capturethespirit.com.au and registering their vote. Voters may select to add a 25 word or less explanation to become eligible for the Voter’s Award. Any voter who does not choose to provide the 25 words will not be eligible to win.
16. Any Australian resident who has access to the website www.capturethespirit.com.au may vote once per day for the People's Choice Award and residents of Tasmania, for the Tasmania's Choice Award.
17. Entrants are not permitted to vote for their own photo.

HOW TO ENTER

18. Entry to this competition is via website only at www.capturethespirit.com.au.
19. Images files of poor quality will not be accepted. If the image is blurred, unclear or of extremely low resolution it will not be accepted.
20. All images entered will be screened by the promoter for suitability and entered into the most appropriate categories based on content.
21. The approved images will be displayed on the Capture the Spirit website for the duration of this promotion in web resolution to avoid image theft.
22. All fields on the entry form must be completed accurately to be eligible for entry into the competition including full name, email address, phone number, title of photo and 25 words or less describing the story behind the photo.
23. By submitting an entry, entrants give Spirit of Tasmania and Pesel & Carr (Spirit of Tasmania's PR agency) permission to edit the story submitted with the photo and/or the title of the photo.
24. The Promoter reserves, in its absolute discretion at any time, to verify the validity of entries and entrants (including an entrant's identity 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
25. Employees of the Promoter and their immediate families, printers, suppliers, providers and agencies associated with this promotion are ineligible to enter this competition.
26. Entries will be deemed to be accepted upon the entrant receiving a confirmation of entry email. Incomplete, inaudible or incomprehensible entries will be deemed invalid. No responsibility will be taken for lost, late or misdirected entries.
27. The entry confirmation email will include an encouragement for entrants to forward on details to friends and family suggesting they vote.
28. Entrants consent to the Promoter using their name, image, photo entered and/or voice in the event they are a winner (incl. photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome) and promoting any products manufactured, distributed and/or supplied by the Promoter. Spirit of Tasmania is not responsible for photos published by third parties without Spirit of Tasmania's authorisation.
29. Winners who have submitted a photo will be asked to sign a copyright waiver for Spirit of Tasmania to use their image, without remuneration and without the need to credit the photographer for an unlimited period of time. The images may be used for promotional purposes in advertising, collateral, and in authorised third party websites and publications. If any of the winning photos feature people, an indemnity form will need to be signed by each of them. Where the winning photos feature children less than 18 years of age, an indemnity form will need to be signed by their parents. Failure to comply with any of these conditions will deem the photos ineligible to win.
30. By voting for their favourite photo and telling us in 25 words or less why the photo they are voting for is their favourite photo, voters make themselves eligible to win a prize for the Voter's Award. Any voter who does not choose to provide the 25 words will not be eligible to win.
    

JUDGING, AWARDS AND PRIZES

31. The total prize pool is valued at $8,977. The prize value is in Australian dollars and inclusive of GST.
32. Judging will take place on Friday11 December 2009 at 12.00pm (AEDST).
33. The winners' will be notified by phone and the winners' details will be published in the public notices section of The Australian newspaper on Wednesday 16 December 2009. The winners' details may also be published at www.spiritoftasmania.com.au.
34. One major winner and five runner up winners will be awarded prizes in this competition.
35. Prizes will be awarded for each of the following prize categories for people who enter photos;
    • Judges' Choice Award
    • Tasmania's Choice Award
    • Peoples' Choice Award
    • Best Kids' Photo Award
    • My Favourite Tassie Devil Award
    • Voter's award

    One prize will also be awarded to a person who votes for their favourite photo and tells us in 25 words or less why it's their favourite.

36. The winner of the Judges' Choice Award will be chosen by our judging panel. The winner of the Judges' Choice Award will receive a Canon 1000 digital SLR camera, a Canon camera case and 4GB SD memory card. The Judges' Choice Award winner will also receive a return journey on board Spirit of Tasmania for two adults in a Porthole Twin Cabin including a standard car and a seven-night Tasmanian accommodation package, courtesy of Discovery Holiday Parks. The total value of this prize is up to $3,297.
37. The Tasmania's Choice Award will be awarded to the photo which receives the highest number of votes by 30 November 2009 from residents of Tasmania through the website www.capturethespirit.com.au. The winner of the Tasmania's Choice Award will receive a Canon 1000 digital SLR camera, a Canon camera case and 4GB SD memory card. The total value of this prize is $1,295.
38. The Peoples' Choice Award will be awarded to the photo which receives the highest number of votes by 30 November 2009 from residents of the remainder of Australia (VIC, NSW, ACT, SA, QLD, NT, WA) through the website www.capturethespirit.com.au. The winner of the Peoples' Choice Award will receive a Canon 1000 digital SLR camera, a Canon camera case and 4GB SD memory card.The total value of this prize is $1,295.
39. The Best Kids' Photo Award will be chosen by our judging panel and awarded to a photo which was taken and submitted by a resident of Australia less than 12 years of age as at 14 September 2009. The winner of the Best Kids' Photo Award will receive a Canon 1000 digital SLR camera, a Canon camera case and 4GB SD memory card. The total value of this prize is $1,295.
40. The winner of the My Favourite Tassie Devil Award will receive a Canon 1000 digital SLR camera, a Canon camera case and 4GB SD memory card. The total value of this prize is $1,295.
41. The winner of the Voter's Award the winner will receive a $500 Spirit of Tasmania gift voucher. The voucher is valid for twelve months from December 16 2009 till December 16 2010.
42. The judging panel will select the Best Kids' Photo Award, Judges' Choice Award and My Favourite Tassie Devil Award based on:
    • Creativity;
    • Spontaneity;
    • Quality;
    • Use of light;
    • Use of colour;
    • Engagement; and
    • Representation of Tasmania.
43. The judging panel will consist of Philip Lennard, Competitions and Judging Liaison Officer, Australian Photography Association; Charles Griplas, CEO, Spirit of Tasmania and Tasmanian based photographer Geoff Murray.
44. The Promoter's and judges' decision in relation to any aspects of the promotion is final and binding on every person who enters and no correspondence will be entered into.
45. Only one award can be won by any single entrant.
46. If a prize (or part of a 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, subject to any written directions from a regulatory authority.
47. Prizes including travel on board Spirit of Tasmania must be used by 30 September 2010 and cannot be used in Peak Season, school holidays or public holidays. All other expenses including meals, travel to and from departure point, travel insurance and accommodation (unless otherwise stated) are the responsibility of the winner. Vehicle restrictions apply.
48. Prizes are as stated and cannot be transferred or exchanged for cash or goods. In the event that for any reason whatsoever the winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
49. The prize must be taken as offered and cannot be varied. Prize values are GST inclusive and are in Australian dollars and are the recommended retail value as provided by the supplier and are correct at time of printing. The Promoter accepts no responsibility for any variation in prize value.
50. The Promoter's decision in relation to any aspects of the promotion is final and binding on every person who enters and no correspondence will be entered into.