Terms and Conditions

TERMS AND CONDITIONS OF PROMOTION

The Promoter is RJ Business Systems Pty Ltd ATF R & J De Paola Family Trust T/A Luxury Portraits (ABN 40 751 880 615) of 30 Clarkson Place, Kenmore Hills, QLD 4069 (Promoter, Our, Us or We)

By entering the Promotion, entrants (also referred to as You) agree to these Terms and Conditions.

The Promotion period commences on 1st January 2018 and finishes on 31 December 2018 (Promotion Period).

In considering the entries, we will be looking for answers that provide a reflective representation of the entrant’s reason why she wants to win this prize to identify winners.  For that reason we do not accept entries which are provided by on-line services, for example, those which complete and enter competitions on behalf of entrants.

  1. WHO CAN ENTER

1.1.  Subject to clause 1.3, entry is only open to residents of Queensland and New South Wales 18 years and over who complete the competition personally.

1.2.  Upon request you must be able to show proof of age and residency, e.g. by way of driver’s licence or passport.

1.3.  Entrants are not eligible if:

  1. a)        they do not complete or submit the entry themselves;
  2. b)        they submit an entry through an on-line service which enters competitions on behalf of a person or persons;
  3. c)        they are an employee of the Promoter or a member of the immediate family of an employee of the Promoter (including parents, children, siblings or spouse, regardless of where they reside) or a member of the household of any of the above persons; or
  4. d)        have won a competition prize with Us over the last six months.

1.4.  Entries are limited to one entry per person per week.

  1. PRIZES

Collection of Prizes

2.1.  Winners will be notified by us.  We will do this (at our discretion) through our websites, Facebook page, SMS, telephone and/or email.

2.2.  The prize will be awarded in the form of a gift certificate. Each winner must contact Luxury Portraits to organise an appointment for the photo shoot. Studio Appointments are subject to availability.

2.3.  The prizes are not able to be exchanged or redeemed for cash.  Prizes can, however, be transferred to a family member or friend provided they are used by a couple (where both partners consent to take part in the prize).   The prize cannot be transferred for use by an individual, family or for other photographic sessions and prizes cannot be transferred to be used in conjunction with any other offer, prize or promotion.

2.4.  Prizes can only be claimed from Luxury Portraits, Brisbane Studio, 30 Clarkson Place Kenmore Hills 4069 Queensland.

Weekly Prizes

2.5.  There are 10 weekly prizes of a voucher from Luxury Portraits to the value of $500 RRP.  The voucher includes:

  1. a)        a couple’s portrait session valued at $125.00 for sessions between Tuesday and Friday or $225.00 for sessions on Saturday;
  2. b)        a subsequent viewing session of the portraits valued at $375 for sessions between Tuesday and Friday or $275 for sessions on Saturday;
  3. c)        a gift print; and
  4. d)        any balance towards payment of any artwork from the session.

Additional costs

2.6.  Any ancillary costs associated with redeeming the voucher (including travelling costs) are not included.

2.7.  The cost of purchase of artwork, other than those purchased by any balance value identified in clause 2.5 or clause 2.6, is not included.  These costs are solely your responsibility.

Claiming Prizes

2.9.  To claim a prize:

  1. a)        The winner must contact us within 10 days of notification by booking and book a photography session.
  2. b)       Unless we are unable to provide you with a time within 30 days, the photography session must be scheduled within 30 days of the date of booking.

Unclaimed Prizes

2.10.               If a prize is not claimed in accordance with clause 2.9, the prize or the unclaimed part of the prize will be forfeited.

  1. HOW ENTRIES WILL BE JUDGED

3.1.  The Promotion is a game of skill; chance plays no part in determining the winners.  Each entry will be judged on its literary and creative merit, the originality of the answer provided to the competition question “What would make a luxury couple portrait special to you and your partner?” and any other matter in the absolute discretion of the judges.

3.2.  Each week we will judge the entries received during the previous week commencing at 12.01 a.m. on the Sunday morning and finishing at 11.59 a.m. on the Saturday evening (Queensland time).

3.3.  Each month we will judge the entries previously received for awarding of a Major Prize.

3.4.  Our decision will be final and no correspondence will be entered into (including in relation to the interpretation of these Terms and Conditions, the results of the Promotion, a judge’s decision or any other matter).

  1. PRIZE CONDITIONS

4.1.  The prize entitles each winner to a SINGLE APPOINTMENT ONLY.

4.2.  For each photography session we shut our studio for three hours to concentrate on you.  We therefore request a $50.00 appointment fee when you make your appointment.  This fee is refundable once you have attended the scheduled appointment and are presented with your portraits.

4.3.  If you need to reschedule your appointment, you must do so by giving us no less than 72 hours notice.

4.4.  If you do not attend the scheduled appointment or do not reschedule with at least 72 hours notice, the appointment fee and the prize are forfeited.

4.5.  Subject to clause 2.3, both partners named in the Promotion entry must participate in the photo session and by submitting an entry you warrant that you have your partner’s consent to take part in the Promotion and any prize.  The photo session cannot be used for individual, family or other photographic sessions and prizes cannot be used in conjunction with any other offer, prize or promotion.

4.6.  We reserve artistic control over the design and content of each photo shoot. We may, in our discretion, decline to create certain types or styles of photography.

4.7.  This is a professional environment.  We therefore reserve the right to refuse service to any person at any time if in our opinion that person is disruptive, abusive or intoxicated.

4.8.  We reserve the right to refuse to produce images at some sizes or combinations of sizes if we believe such images would or could be detrimental to its reputation as a professional studio or as professional photographers. You should discuss your requirements with us prior to the photo shoot.

4.9.  Only one (1) gift certificate can be used at a time. You cannot use the gift certificate to purchase products from any other photo sessions.

4.10.               If any prize (or part of any prize) is unavailable, we, in our sole discretion, may substitute the prize (or any part of the prize) with a prize to an equal value or specification.

  1. PARTICIPATION

5.1.  By participating in the Promotion, you acknowledge and agree:

  1. a)        All Intellectual Property Rights (including copyright and moral rights), including (without limitation) in all artwork, videos, images and entries belongs to us.
  2. b)        We will not return any entries and we are not required to refer to you as the author of any material included in your entry.
  3. c)        We have the right to use any artwork, comments made by you in your entry, video and other images taken by us without payment to you in all media anywhere in the world (including use by way of our websites) at any time without further reference to you.  This includes (without limitation) training, coaching and security purposes and use to promote us and our products and services.  You agree not to assert any moral rights in relation to our use and warrant that you have the full authority to grant these rights.
  4. d)        To the extent necessary, you grant us and our affiliates a perpetual, non-exclusive, royalty-free licence to:
  5. Use the artwork and the images and content obtained during the photo session.
  6. Reproduce, modify, adapt, publish and display the artwork and entries for any purpose in any media, without compensation, restriction on use, attribution or liability.
  7. e)        You enter and participate in the Promotion and (if you are the winner) you and your partner participate in the prize solely at your own risk.
  8. HOW TO ENTER

6.1.  You may enter the promotion via the https://bella.clickfunnels.com/win1 hyperlink for Website Entry

6.2.  To enter via the Luxury Portraits’ website, complete the following steps during the Promotion Period:

  1. a)        Follow the prompts to the competition entry page.
  2. b)        Visit any of the following websites:

http://bella.clickfunnels.com/win1

  1. c)        Complete the requested details including your first name, mobile number, valid email address
  2. d)        Provide an answer to the following questions:
  3. What is Your Occupation?
  4. In 25 words or less, tell us “Why Would You Love To Win This Prize?”
  5. e)        Submit the fully completed entry form as indicated.
  6. NO LIABILITY

7.1.  We:

  1. a)        May terminate, modify or postpone this Promotion at any time either with or without notice.
  2. b)        Are not responsible for and take no liability for any entries or notifications which are lost in transit or misdirected.
  3. c)        Assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries.
  4. d)        To the extent permissible by law, will not be liable for anything which may occur as a result of your participation in or relating to this promotion including, without limitation, any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:
  5. Whilst travelling to or from or taking part in any photographic session.
  6. As a consequence of any program relating to the competition or the publication of any material, including (without limitation) any comments made by any other person.

iii.         As a result of the use of any artwork, videos or images in any manner referred to in or allowed under these Terms and Conditions.

  1. Arising from or relating to any problem or technical malfunction of any telephone network, lines or mobile communications network relating to or resulting from participation in this promotion.
  2. As a result of anything outside our reasonable control.
  3. GENERAL

8.1.  If you change your email address or other contact information after you submit an entry, you have the sole responsibility to update your registration information through our websites.  If you do not do so, we may not be able to contact you and any prize awarded to you may be forfeited.

8.2.  You are responsible for any comments or entries you submit. We will not be liable in any way for those comments or entries.

8.3.  You must:

  1. a)        not submit any comments that are unlawful or fraudulent;
  2. b)        not breach any intellectual property, privacy, publicity or other rights of any person;
  3. c)        not make harmful,  defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening or objectionable remarks including with respect to race, religion, origin or gender or any comments that are not suitable for children aged under the age of 15 or which are otherwise unsuitable for publication;
  4. d)        obtain the prior consent of any person referred to in your entry
  5. e)        obtain the prior consent of any person who has jointly created or has any rights the content of your entry to these Terms and Conditions;
  6. f)         ensure the contents of your entry do not cause injury or harm to any person or entity; and
  7. g)        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.

8.4.  Without limiting any other provision of these Terms and Conditions, you indemnify us for any breach of these Terms and Conditions.

8.5.  We collect personal information to conduct the promotion and for future marketing, advertising and promotions conducted by us and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. All entries become our property.

8.6.  We reserve the right, at any time, to verify the validity of entries and entrants (including an entrant’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 our discretion. Failure by us to enforce any of our rights at any stage does not constitute a waiver of those rights.

8.7.  The competition and these Terms and Conditions will be construed and governed in accordance with the laws of the State of Queensland.

8.8.  If a provision of these Terms and Conditions is illegal or unenforceable, it may be severed without affecting the enforceability of the other Terms and Conditions.

8.9.  These Terms and Conditions do not affect any rights a consumer may have which are unable to be excluded under Australian law.