Background

The Competition asks Australians to submit a photo (digital content) that shows Australia’s uniqueness. Entries are submitted via www.australiaday.com.au/fun-activities/OnlyInAustralia/ (“Competition Website”). Content must be captured by entrants.

The Competition is intended as a fun online campaign for all Australians to participate in and embrace Australian identity and culture by encouraging Australians to share a photo of something that they feel is unique to Australia or represents Australians.

Digital content can be captured specially for the Competition, or can be content from the entrant’s own existing archives.

By completing a Competition Entry Form (“Entry Form”) and submitting an entry, an entrant might win an ‘A trip to Sydney for Australia Day 2024’ or a $500 cash prize and have their photo publicised (subject to these Terms and Conditions).

Please ensure that you read and agree to these Terms and Conditions before submitting your entry.

In these Terms and Conditions, “you” means the Competition entrant and/or, where the context permits, the parent or legal guardian of an entrant that is under 18 years of age at the time the Entry Form is submitted (“Minor”).

If, for any reason, the Competition is not able to be conducted as planned, the Australia Day Council of New South Wales reserves the right to cancel the Competition without notice and without liability to itself, any entrant or any other person.

Competition Period and Operation

The Competition is operated by the State of New South Wales, Premier’s Department ABN 34 945 244 274, trading as the Australia Day Council of New South Wales ("ADCNSW").

The Competition commences at 10.00am AEDT on Wednesday, 15 November 2023 and concludes at 11.59pm AEDT on Wednesday, 6 December 2023 (“Competition Period”) unless terminated earlier or extended by ADCNSW in its absolute discretion. The ADCNSW may consider entries it receives up to the conclusion of the Competition period.

By submitting an Entry Form (including as a parent or legal guardian on behalf of a Minor), you agree that these Terms and Conditions create a legally binding agreement between you and the ADCNSW.

If an entry’s content includes the image of anyone other than the person who captures the content (“Group Entry”):

• the person who captures the content is the entrant; and
• any other person whose image is included in the entry’s content is a “Group Member”, for the purposes of these Terms and Conditions;

If you breach any of the Terms and Conditions, you may be disqualified from the Competition and you will no longer be eligible to win a prize.

Eligibility for Participation

To be eligible to participate, you must either:

• be an Australian citizen; or
• reside in Australia and hold a long-term visa (such as a residency, work or student visa).

The following persons (and their spouses and immediate families) are ineligible to participate:

• members of the NSW Parliament;
• employees of the NSW Premier’s Department;

• employees and Council members of the ADCNSW; or
• executive and senior management of sponsors and partners of the ADCNSW.

If you are a Minor:

• your parent or legal guardian must accept these Terms and Conditions and complete and submit the Entry Form on your behalf; and
• your parent or legal guardian must accept the prize on your behalf if you are a winner.

If you are a parent or legal guardian of an entrant who is a Minor:

• you accept these Terms and Conditions on your behalf and on behalf of the entrant, and agree to ensure that the entrant accepts and complies with these Terms and Conditions;
• you acknowledge that you have read and accept the Privacy Statement on your behalf and on behalf of the entrant, and agree to ensure that the entrant understands and accepts the Privacy Statement; and expenses or liabilities that you incur to accept any prize on behalf of the entrant will not be reimbursed by ADCNSW.

The ADCNSW reserves the right to require entrants (or their parents or legal guardians) to provide proof of identity, age, citizenship, residency and visa status. Suitable proof is at the absolute discretion of the ADCNSW. An entrant who cannot provide suitable proof (including for his or her parent or legal guardian, if applicable) may be disqualified from the Competition and, if the entrant is awarded a prize, required to forfeit the prize. Where a prize has been forfeited, the ADCNSW, in its absolute discretion, may withhold the prize or award the prize to any other person.

The ADCNSW also reserves the right to:

• require you to provide your address, email or phone number (in addition to the information required in the Entry Form); and
• require you to provide the address, email or phone number (in addition to the information required in the Entry Form) of any Group Member (or their parent or legal guardian), for verification purposes.

How to Participate

If you want to participate in this Competition, you must follow all of these steps:

• Create an original photo as your entry (see “Requirements for photos – must be original” below).
• Visit the Competition Website at australiaday.com.au/fun-activities/OnlyInAustralia/

If you are not a Minor:

• for each photo you wish to enter, complete and submit an Entry Form by including all mandatory information, and then follow the directions to upload your entry;
• read and accept the Terms and Conditions and the Privacy Statement by ticking the "Yes, I agree" box; acknowledge the Licence granted to ADCNSW under the Terms and Conditions by ticking the “Yes, I agree” box.

If you are a Minor, your parent or guardian must:

• for each photo you wish to enter, complete and submit an Entry Form on your behalf by including all mandatory information, and then follow the directions to upload your entry;
• read and accept the Terms and Conditions and the Privacy Statement by ticking the “Yes, I agree” box
• acknowledge the License granted to ADCNSW under the Terms and Conditions by ticking the “Yes, I agree” box;
• select "Yes, I consent to my child’s entry and the contact details contained in this Entry Form are my own”.

If your entry is a Group Entry, you:

• acknowledge that you have obtained the consent of each Group Member for you to:
  • submit your entry to the ADCNSW and to use it in accordance with these Terms and Conditions; and
  • provide the ADCNSW with the name and contact details (including address, email and phone number) of that Group Member for verification purposes;
• acknowledge that you have obtained the consent of the parent or guardian of each Group Member who is a Minor for you to:
  • submit your entry to the ADCNSW and to use it in accordance with these Terms and Conditions; and
  • provide the ADCNSW with the name and contact details (including address, email and phone number) of the parent or guardian for verification purposes;
• agree to ensure that each Group Member understands and accepts the Privacy Statement (including by providing a copy of the Privacy Statement to each Group Member).

The ADCNSW may request the parent or guardian of any Group Member who is a Minor to provide a consent form signed by the parent or guardian in relation to your entry. You acknowledge that your entry may be rejected if the parent or guardian does not comply with any such request.  

Each entry must also comply with the requirements for photos set out in these Terms and Conditions. The ADCNSW reserves the right to reject any entry that does not meet these requirements.

Competition information and the Entry Form are available on www.australiaday.com.au/fun-activities/OnlyInAustralia/

There is no entry fee.

Requirements for photos – must be original

Your entry must be original. This means that while a photo created especially for the Competition or a previous photo from existing archives may be submitted, you must ensure that the photo was captured by you. The photo cannot include any images which you (the entrant) did not create  

Any entry containing (or which ADCNSW reasonably considers may contain) embedded or underlying material over which there are intellectual property rights held by persons other than the entrant, such as images created by another person, will be disqualified on the basis that it is not an original work.

Requirements photos - upload specifications

1. You may enter the Competition with as many entries as you like.
2. The same photo cannot be submitted more than once.
3. Image size cannot exceed 10mb.

4. Photos must comply with the Acceptable Content Rules set out below.

Uploaded photos must comply with the following specifications:

You must keep a copy of any photo that you submit in the highest resolution possible. You must provide a copy to ADCNSW if requested.

It is your responsibility to ensure your photos complies with the specifications. The ADCNSW reserves the right to disqualify any entry that does not meet these requirements. Without limitation, ADCNSW takes no responsibility for any photos that have been uploaded incorrectly.

Requirements for photos - acceptable content rules

You must not upload, communicate or publish on the Competition Website entries which:

• are offensive, discriminatory, racist, hateful, violent, threatening, abusive, defamatory, obscene, vulgar, feature nudity or are pornographic, profane or indecent or are otherwise unlawful;
• infringe any other person's copyright or moral rights or other intellectual property rights; or
• advertise or are otherwise designed to sell a product or service or increase traffic to any other website;
• contain content that you do not own or that is not created by you.

The ADCNSW reserves the right to remove any material uploaded, communicated or published on any website or social media channel operated by it which it considers objectionable, in breach of these Terms and Conditions, or in breach of other terms of the Competition Website. This right is exercised in ADCNSW’s absolute discretion and may not be challenged or appealed.

Acceptance of Entry

Within two business days of submission of your entry you will be notified by email, to the email address specified in your Entry Form, that your entry has been received. If your email address changes during the Competition, you will need to re-enter, as email details cannot be updated.

ADCNSW intends that photos complying with these Terms and Conditions will be uploaded to the Competition Website within two business days of their successful submission. However, ADCNSW reserves the right not to upload any submitted photo to that website, or within that period, for any reason, and to remove any uploaded photo at any time for any reason, without notice or notification.

In order to be considered for the prize, your entry must be submitted by 11.59pm AEDT on Wednesday 6 December 2023 (unless the Competition is terminated earlier or extended by ADCNSW in its absolute discretion).

Amendment of Entry

All photos must be uploaded with a completed Entry Form. Once the Entry Form and any accompanying photo is submitted, no subsequent access will be provided to entrants to add to or edit the photo. You should direct any request to correct or update any incorrect personal information to the Webmaster at [email protected].

Requests to delete photos may be made by contacting the Webmaster at [email protected]. Where a photo is deleted, further entries from you may not be accepted at the ADCNSW's absolute discretion.

Entrant's Representations and Warranties

You represent, warrant and agree that:

• the entrant is eligible to enter the Competition;
• all the details in the Entry Form were true and correct at the date you submitted the Entry Form;
• the intellectual property (including copyright) in the photo constituting your entry and in all statements uploaded to the Competition Website in connection with your entry ("Your Material") is owned by the entrant and is original to the entrant. Without limiting this, to the extent (if any, in non-compliance with these Terms and Conditions) that intellectual property in Your Material is owned in whole or part by another person, you have obtained all necessary permissions from such persons for Your Material to be entered in the Competition;
• Your Material is not the subject of any other third-party agreements that would prevent its use according to these Terms and Conditions or require ADCNSW or anyone else to pay any third party for this use;
• You have only given accurate, complete and up-to-date information to ADCNSW, and the giving of the information complies with all applicable data protection and privacy laws.

Judging of Entries – Winner

An ADCNSW judging panel will shortlist up to five photos to be published on the Australia Day website for a public vote to determine the overall winner. While an entrant may submit as many photos as they like, a maximum of only one of these photos will be shortlisted for each entrant.

The judging panel formed at ADCNSW’s absolute discretion will select finalists that best demonstrate Australian identity and culture and/or what makes Australia or Australians unique – entrants can explore and showcase anything from landscape, wildlife, food, culture, humour, regions, community groups, people and lifestyle. The judges will evaluate all entries fairly and impartially on merit.

A Winning Entry will be chosen by the public via a public vote on the Australia Day website which will run from 10am on Monday AEDT, 11 December until 10am AEDT on Wednesday, 20 December (unless the voting period is terminated earlier or extended by ADCNSW in its absolute discretion).

The entrant who submitted the Winning Entry (or on whose behalf the Winning Entry was submitted by a parent or guardian) will be the winner of the Competition (“Winner”).

No more than one Winner will be declared for the Competition. If the Winning Entry is a Group Entry, the Winner will be the entrant who submitted the Winning Entry (or on whose behalf the Winning Entry was submitted).

The Winning Entry will be announced on www.australiaday.com.au/fun-activities/OnlyInAustralia/ and ADCNSW social media on Wednesday 20 December 2023, AEDT 5:00pm.

The Winning Entry and details of the Winner (including their name, State or Territory of residence and age as submitted through their Entry Form) may be featured in the announcement.

Any entrant who breaches these Terms and Conditions may be disqualified from the Competition and will not be eligible to win a prize.

ADCNSW's decision is final and binding and no correspondence will be entered into with any unsuccessful entrant regarding that decision.

Entrants agree to participate in any promotional activity promoting Australia Day in NSW, the ADCNSW and/or the Competition, as may be reasonably requested by the ADCNSW. ADCNSW may also request Group Members to participate in such promotional activity.

You acknowledge (and will ensure, on and from submission of any Group Entry, that all Group Members are made aware and acknowledge that) that:

• ADCNSW may request permission from you to allow use of your photos by competition sponsors and media partners, in connection with the promotion and advertising of Australia Day, the Competition and ADCNSW worldwide; and
• Competition supporters and media may embed hyperlinks to the Competition Website on webpages or social media channels that are owned or controlled by third parties.

Prize

The Winner will win an ‘A Trip to Sydney for Australia Day 2024’ comprising travel and accommodation for two nights (Thursday 25 and Friday 26 January 2024) for up to four (4) people to spend Australia Day 2024 in Sydney and to participate in ADCNSW events (“Prize”).

The Prize is valued at up to $8,000 (excl. GST). (Actual value is dependant on whether flights are required and the cost of flights and accommodation at the time of booking.)

The Prize cannot be transferred, exchanged or redeemed for cash.

The Prize includes:

• Four (4) return airfares (economy) from the Australian capital city nearest to the Winner’s place of residence to Sydney - valued at up to $6,000 (excl. GST)
• Two (2) nights’ accommodation (double/twin-share rooms x 2 rooms) on Thursday 25 and Friday 26 January 2024 in a Sydney CBD hotel - valued at up to $1,500 (excl. GST)
• $500 to spend as the winner wishes, to be transferred to a designated bank account or in gift cards prior to January 26

Australia Day Event Tickets

• Four (4) tickets to the WugulOra Morning Ceremony at Barangaroo Reserve, Sydney
• Four (4) tickets aboard one of the ferries taking part in the Australia Day Ferrython on Sydney Harbour
• Four (4) general admission tickets to the Australia Day Live concert that takes place on the forecourt of the Sydney Opera House

Entrants (including the Winner) and Group Members may also receive exposure through media opportunities. Entrants’ photos, display name, likeness or State/Territory postcode of residence (and the likeness of Group Members) may be showcased on digital screens, on a broadcast, media promotion, print and digital media platforms, local council and State websites, newsletters and through social media for the purpose of promoting and advertising Australia Day, the Competition and ADCNSW worldwide (“the Authorised Purpose”).

If the Prize (or part of the Prize) is unavailable, the ADCNSW at its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to substantially equal value and/or specification, which may be subject to acceptance of notified conditions.

Where the winner of the Prize is under 18 years of age, the Prize will be awarded to his or her parent or legal guardian as specified on the Entry Form.

No more than one Prize will be awarded in the Competition. If the Winning Entry is a Group Entry, the Prize will be awarded to the Winner or their parent/guardian only (and not to any Group Member).

Copyright Ownership and Consents to Modifications

As between you and the ADCNSW, you retain ownership of any copyright in Your Material. You accept (and will ensure, on and from submission of any Group Entry, that all Group Members accept) the communication of Your Material to the public by ACDNSW (and its officers, employees, agents or contractors) as permitted under these Terms and Conditions at your own risk. The ADCNSW does not take responsibility for any unlawful or other use of Your Material by any other person.

ADCNSW will, wherever reasonably possible, attribute an entry using the name/s supplied with the Entry Form. However, to the extent permitted by applicable law, you agree (and will ensure, on and from submission of any Group Entry, that all Group Members agree) that the ADCNSW may reproduce, publish, and communicate to the public Your Material, with or without attribution of authorship.

To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents (including from Group Members), to additions to, deletions from and other alterations or modifications of, Your Material that would otherwise infringe moral rights established by the Copyright Act 1968 (Cth) for the benefit of:

• the ADCNSW; and
• any person claiming an interest in Your Material through the ADCNSW.

Licence to use Your Material

You grant to the ADCNSW an irrevocable, perpetual, royalty-free, transferable and worldwide non-exclusive licence without need for further assurance to (and to sub-licence or authorise local councils, NSW Government entities, media outlets and ADCNSW’s contracted service providers for Australia Day to) reproduce, publish, communicate to the public, adapt, and otherwise exploit Your Material, in whole or in part, in all media whether known now or developed in the future, for the Authorised Purpose- for example, by ADCNSW displaying the Your Material on the Competition Website, on Facebook, Twitter, Instagram, Google Plus, YouTube, or on any other website or social media channel, publicly displaying your entry on large format outdoor screens, or by communicating your entry to others by email, by mobile phone, by radio, television or print/online (“the Communication Channels”).

You must obtain all necessary irrevocable, perpetual, royalty-free, transferable, worldwide, non-exclusive licences (which include the right to sub-license) in Your Material (including from all Group Members) to enable the ADCNSW to exercise the rights granted to it by these Terms and Conditions.

Right to Use Names and Likenesses

You grant to the ADCNSW the right to use (and to authorise local councils, NSW Government entities, media outlets and ADCNSW’s contracted service providers for Australia Day to use) your name and likeness for the Authorised Purpose.

You will ensure, on and from submission of any Group Entry, that all Group Members have granted to the ADCNSW the right to use (and to authorise local councils, NSW Government entities, media outlets and ADCNSW’s contracted service providers for Australia Day to use) the Group Member’s name and likeness for the Authorised Purpose.

Exclusions and Limitations of Liability

Except for any liability that cannot be excluded by law, the State of New South Wales (including any of its manifestations such as ADCNSW, and its officers, employees, contractors and agents) excludes, and you hereby release it from, all liability (including negligence, and whether advised or aware of the possibility of that liability), 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 Competition, including, but not limited to, where arising out of the following:

1. any technical difficulties or equipment malfunction (whether or not under the ADCNSW’s control);
2. any theft, unauthorised access or third party interference;
3. any unauthorised use of submitted images by a third party;
4. any entry, photograph  or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the ADCNSW) due to any reason beyond the reasonable control of the ADCNSW;
5. any tax liability incurred by a winner or entrant (or his or her parent or legal guardian); or
6. use of a Prize.

You must provide certain personal information to complete an Entry Form. Without your personal information, the ADCNSW cannot accept your Entry Form. You must give only accurate, complete and up-to-date information, and are solely responsible for ensuring that it complies with all applicable data protection and privacy laws.

Your entry also contains personal information (including your image and the image of any Group Members).

The personal information referred to above will be collected and used according to the Competition  Website Privacy Statement  o that you may participate in, and the ADCNSW may administer, the Competition.

Without limiting the Competition Website Privacy Statement by completing an Entry Form you:

• expressly consent to the ADCNSW providing your personal information to a sponsor of Australia Day and agree that sponsors may use such information in order to contact you for the purposes of administering the Competition, the award of a prize or the use of your entry in accordance with these Terms and Conditions;
• will ensure on and from submission of any Group Entry that all Group Members expressly consent to the ADCNSW providing their personal information to a sponsor of Australia Day and agree the sponsors may use such information in order to contact them for the purposes of administering the Competition, the award of a Prize or the use of your entry in accordance with these Terms and Conditions.

The ADCNSW will contact you (or the relevant Group Member) directly for permission to disclose should other external agencies or organisations request this information from the ADCNSW.

If you have any questions about the application of the Privacy Statement or a request to access, or for the correction of, information held (for example because it is inaccurate, incomplete, out of date or misleading) please contact:

Australia Day Council of NSW
ATTN: Webmaster
GPO Box 5341
Sydney NSW 2001
Email enquiries can be directed to the ADCNSW Webmaster at: [email protected]

Disqualification and Cancellation

If you submit entries that do not comply with these Terms and Conditions, you may be disqualified, your content deleted without notification, and you may be advised to resubmit according to these Terms and Conditions.

Your entry may not be accepted or may be disqualified at any time, if you do not complete all mandatory details in the Entry Form, you do not agree to these Terms and Conditions, or your entry does not comply with these Terms and Conditions.

If this Competition is interfered with in any way or is not capable of being conducted as anticipated for any reason beyond the reasonable control of the ADCNSW, the ADCNSW reserves the right, in its sole discretion, to the fullest extent permitted by law to:

1. disqualify any entrant; or
2. modify, suspend, terminate or cancel the Competition or any part of the Competition as appropriate.

Any cost associated with accessing the Competition Website is your responsibility and is dependent on the internet service provider used.

You must not use any automated entry software or any other mechanical or electronic means that allows you to automatically enter repeatedly, and all entries submitted by this method are disqualified.

Giving effect to these Terms and Conditions

You must do anything (including sign any document) to give full effect to these Terms and Conditions.

Governing Law

The laws in force in New South Wales, Australia, govern the Competition and these Terms and Conditions. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State, and any courts that may hear appeals from those courts.