Photo Competition 2022 Terms and Conditions

Summary Terms:

Restricted entry, residents of CH, DE, ES, GR, FR,  PL and UK  18+. These terms are applicable to residents of UK, entrants from other countries should refer to their local terms. Internet access required. Public Instagram account required. No purchase necessary. Promotional period opens 17th August 2022 and closes 28th October 2022. To enter, post your best photo (that is your own work) based on the theme ‘every adventure photo has a unique story to tell’ along with a caption that gives the story behind your picture and your country of residence. This must be posted to Instagram, add the hashtag #MyNuiiAdventure and tag and follow @nuii_icecream_global. Max. 3 entries per person. A winner will be selected for each of the countries of entry. Each winner will receive the prize of return flights to Queensland, Australia for the winner and their guest (up to a maximum value of €2,500 EUR per person) and a voucher for the winner and guest to visit the Currumbin Wildlife Sanctuary for two, including a visit to the koala hospital, worth $280 AUD per person. Must be taken before 31st December 2023 (avoiding peak travel periods such as Easter and Christmas). Max 3 entries per person. Full terms below. Promoter and data controller: Froneri International Limited, Richmond House, North Yorkshire, England, DL7 9UL

Full Terms

Introduction:

These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of the Terms and Conditions and by participating, all entrants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.

Promoter:

Promoter: Froneri International Limited, Richmond House, Leeming Bar, Northallerton, North Yorkshire, England, DL7 9UL, registered in England and Wales with company registration number 5777981.

Eligibility:

  1. This promotion is only open to people ages 18 or over who are residents of the following jurisdictions:
    • France
    • UK
    • Germany
    • Switzerland
    • Spain
    • Poland
    • Greece

    Local terms apply depending on the entrant’s country of residence. These terms apply to entrants residing in the UK. Entrants from other countries should refer to their local terms.

    Employees (and their immediate families) of the Promoter, of its subsidiaries, of other group companies, its agents, or anyone else professionally connected with this promotion may not enter this promotion.

    Internet access required.

    Public (open), active personal Instagram account required. No purchase necessary.

    Your use of Instagram to participate in this promotion is subject to Instagram’s terms and conditions https://www.facebook.com/help/instagram/179379842258600

    This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering the promotion, all participants accept that they have no claim against Instagram in connection with this promotion. By entering the promotion, all participants agree to a complete liability release for Instagram in connection with this promotion.

  2. Instagram account: If you do not have an account you will need to create one in order to participate – you will require an active email address in order to do this.  When using your Instagram account you will be subject to Instagram’s terms and conditions, https://help.instagram.com/581066165581870
  3. Max 3 entries per person regardless of number of Instagram posts made during the Promotional Period. Where an entrant submits more than 3 photographs, the first 3 entries chronologically will be entered in the competition and the fourth and subsequent entries will not be valid. Anyone trying to circumvent this rule by using alternative details including but not limited to creating multiple accounts will be disqualified from this promotion.
  4. You must continue to keep your Instagram account on a public setting until 30th November 2022 in order to be contacted as a winner.

Promotional Period:

  1. The promotion will run from 00:00 BST on 17th August 2022 to 23:59 BST on 28th October 2022.

Entry:

  1. To enter, post your best photograph on the theme ‘every adventure photo has a unique story to tell’ to Instagram, include a caption that gives the story behind your picture and your country of residence, add the hashtag #MyNuiiAdventure and tag and follow @nuii_icecream_global during the Promotional Period. Your photo must be your own work and not contain identifiable brands.  Any identifiable person must have consented to appear in the photograph and be over the age of 18. No identifiable minors (under 18) may appear in the photograph. See clause 8 for further content which will invalidate your entry. Entries will be judged on the following criteria:
    • Creative interpretation of the theme
    • Uniqueness, quality and creativity of the photo
    • Photography skills (no excessive editing)
    • Emotive connection
    • Cultural respect & accuracy
    • Avoiding of stereotyping or tourist cliches
    • Creativity of caption story

    The top  judged entry for each country will win a prize (see clause 14 for details). See clauses 17 and 18 for timeframes for winner notification and confirmation.

  2. The Promoter monitors responses to this promotion and if any responses or any previous posts made by an entrant are, or could be regarded, as being disrespectful towards other members of the Instagram community or which contain anything which is likely to, or could cause offence or distress, then the entrant responsible will be removed from the promotion and excluded from winning a prize. As someone who enters the promotion, your use on Instagram is subject to the Instagram’s Terms and Conditions: https://help.instagram.com/581066165581870
  3. Participants’ entries will be deemed invalid if any post:- contains defamatory, malicious, indecent or other inappropriate content;- includes the names of any individual without their express permission;- contains content unlawfully violating someone’s personality;- in the reasonable opinion of the Promoter, cause any widespread or serious offense (taking into account prevailing community views or standards);- contains content infringing third parties’ copyrights;- contains content deemed socially irresponsible or likely to breach any local advertising code of conduct (such as the CAP Code in the United Kingdom).
  4. Participants confirm that each image they submit contains no copyright materials of third parties, are their original works, have not been copied, in whole or in part, from any third party and the participant has full authority to post the image. Participants also confirm that any person featured has given their express permission to appear in the image, has been informed of the use of the image and has given their consent to said use.
  5. The Promoter does not claim any rights of ownership in your competition entry. You agree that the Promoter may make your entry available on its website www.nuiiicecream.com, TikTok and on Instagram in connection with any publicity of the competition.  You also confirm that any person featured in your entry has been informed of said use of your entry and has given their consent.
  6. Entrants who make an entry on someone else’s behalf will be disqualified, at the Promoter’s discretion.
  7. Incomplete, illegible, invalid, misdirected or late entries will not be accepted. The Promoter takes no responsibility for entries delayed, incomplete or lost due to technical reasons or otherwise.

Prizes:

  1. There is one Prize per country (CH, DE, ES, GR, FR,  PL and UK).First prize: prize is return flights to Queensland, Australia for the winner and their guest (up to a maximum value of €2,500 EUR per person) and a voucher for the winner and guest to visit the Currumbin Wildlife Sanctuary for two, including a visit to the koala hospital, worth $280 AUD per person. PRIZE DOES NOT INCLUDE ACCOMODATION, TRANSFERS/ANY TRAVEL TO/FROM THE AIRPORT OR WITHIN AUSTRALIA, TRAVEL INSURANCE, MEALS OR ANY OTHER EXPENSES. See main travel prize information, below at clauses 35- 43. Full Prize must be taken before 31st December 2023. If the Covid-19 Pandemic means the trip cannot be taken before 31st December 2023 due to government travel restrictions or guidelines, in which case the Promoter and the winner will discuss in good faith a substitute prize of equivalent value.  Flight booking is subject to availability, while we will use reasonable endeavours to book flights to suit the winner’s preferred dates, exact booking dates are not guaranteed. Departure airport may be any airport within the winner’s country of residence and will not necessarily be the closest airport to the winner’s home. Flights cannot be booked during peak travel seasons (including Easter and Christmas). Maximum value of flight booking will be €2,500EUR per person (or local equivalent value).  The trip is worth approx. €5400 per winner (being €2700 per person for the winner and their guest) (subject to currency fluctuations).
  2. No cash or other alternative prize/s will be provided in whole or in part, except that in the event of circumstances outside of its control the Promoter reserves the right to substitute similar prize/s of equal or greater value. The prize/s are non-transferable (and non-refundable). If a prize cannot be delivered to a winner through no fault of the winner or the Promoter, the Promoter will endeavour to substitute the prize with a  substitute prize of similar value, subject to local laws.
  3. Tax may be payable on a prize. Any tax liability arising from receipt of the prize will be the responsibility of the recipient. By accepting the prize, the winner confirms that they are responsible for any tax related to the prize. The Promoter will not withhold, declare or account for any tax arising from awarding the prize.

Winner Selection:

  1. All entries received before the Promotional Period Closing Date will be judged on the criteria set out in clause 6 within 10 working days of the end of the Promotion Period, by a panel of judges selected by the Promoter, with expertise in Instagram photography. The names of the independent judges will be made available by the Promoter from 17th August 2022 to 30th November 2022 upon receipt of an email addressed to nuii@b-theagency.com with “Independent Judges Nuii Competition” in the heading.

Winner Notification:

  1. Winners will be contacted by direct message from @nuii_icecream_global to the Instagram account which is associated with the winning entry within 5 days of the final judging process and will have 10 working days from notification of win to confirm details (name, email address, postal address and age and statements regarding rights to the winning image) in order to claim the prize. In the case that they do not respond in time or are ineligible another winner will be selected using the same methodology as above. The process will repeat until an eligible winner is able to claim the prize.Entrants are encouraged to monitor their Instagram account during this time in case they are the winner.It is the responsibility of the entrant to check their Instagram message inboxes to ensure they are in receipt of a notification. The Promoter is not responsible for an entrant making a late claim on their prize if this message is missed or not read/ responded to for any reason.

Claiming prize:

  1. Winners will be asked to provide a valid email address to which correspondence regarding prize claims will be sent. Initial correspondence will be handled by b. the agency who will coordinate booking of the trip.

Covid-19:

If fulfilment or any element of this promotion is delayed or affected due to the continuing Covid-19 pandemic and resulting Government restrictions, all entrants affected will be contacted by the Promoter and kept updated of any unavoidable changes to the promotional dates, revised fulfilment dates or prize.

Publicity:

  1. Winners may be requested but are not obliged to take part in reasonable publicity in connection with this promotion. This may include a request to use the winner’s name and profile image in connection with such publicity.

Winners List:

  1. The Promoter will make available a list of prize winners’ surnames and countries to members of the public or regulators who request such details within 3 months of the closing date of this promotion. Entrants can object to disclosure, or request that disclosure be limited in scope by contacting nuii@b-theagency.com. We may nevertheless disclose the information to the relevant regulatory authorities if required to do so. You may request a copy of the winners’ list by emailing nuii@b-theagency.com with “Nuii Competition” in the subject line.

Verification:

  1. The Promoter reserves the right to verify all entries including but not limited to asking for proof of address and ID which the entrant must provide within 10 working days.It is the responsibility of the entrant to provide correct, up-to-date details when participating in the promotion and accepting the prize (name, email address, telephone number, residential address and date of birth).  The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.

Social media disclaimer:

  1. Numerous factors outside the control of the Promoter may interfere with the operation of Instagram. The Promoter does not therefore guarantee continuous, uninterrupted or secure access to this platform.

Liability:

  1. In the event of circumstances outside the reasonable control of the Promoter, or otherwise where fraud, abuse, and/or an error affects or could affect the proper operation of this promotion or the awarding of prizes, and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these Terms and Conditions, at any stage, but will always endeavour to minimise the effect to participants in order to avoid undue disappointment.
  2. Regarding physical prizes, in all cases any defects with the prize should be discussed with the manufacturer of the relevant prize. The Promoter will facilitate contact for the winner but the Promoter is not the manufacturer of any prizes and is therefore unable to resolve issues around the quality of the prize.
  3. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using the prize/award, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.
  4. The Promoter reserves the right to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these Terms and Conditions, the spirit of the promotion, any instructions forming part of this promotion’s entry requirements or otherwise where a participant has gained unfair advantage in participating or won using fraudulent means.
  5. The Promoter has no control over internet or communication networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter will not be held liable to any individual for any fraud committed by any third party nor for any event beyond its control including, but not limited to, user error and any network, computer, hardware or software failures of any kind which may restrict, delay or prevent a participant’s entry to the promotion.
  6. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
  7. The Promoter’s decision is final with regard to all promotional matters and no correspondence will be entered into.
  8. Any question concerning the legal interpretation of the rules will be based on English law and the Courts of England and Wales will have exclusive jurisdiction unless you live in another part of the UK, in which case your local courts will have jurisdiction. If you are entering from outside the UK, your local mandatory laws will apply in case of discrepancies between these terms or the English law and the courts of your country of residence have jurisdiction.

Data Protection:

  1. The Promoter will only use the personal details supplied for the administration of the promotion and for no other purpose, unless we have your prior consent. You acknowledge that the Promoter may pass such information to its third-party agency, solely for the purposes of administering the promotion. Your personal details will at all times be kept confidential and in accordance with current Data Protection legislation. Click here for the Promoter’s Privacy Policy. You can request access to your personal data, have any inaccuracies rectified, express your right to object to the processing of such data, or ask for the deletion of such personal data by sending an email to nuii@b-theagency.com. By participating in the promotion, you agree to the use of your personal data as described here.

Main travel prize information & restrictions

  1. Flights: each winner will receive return flights to Queensland, Australia for the winner and their guest (up to a maximum value of €2,500 EUR per person)

Currumbin Wildlife Sanctuary: each winner and their guest will receive a voucher to visit the Currumbin Wildlife Sanctuary, including a tour of the koala hospital (estimated value $280 AUD per person).

Not included: the Prize does not include visas, travel insurance, accommodation, transfers or any travel to/from any airport or travel within Australia, meals or other expenses. It will be the responsibility of the winner and their guest to make their own arrangements for these.

The Promoter shall not be responsible for any lack of availability, delays, cancellations, modifications or rescheduling on the part of any airline or Currumbin Wildlife Park.

The winner and their guest are responsible for complying with all terms and conditions of the airline and Currumbin Wildlife Park. Details of Currumbin Wildlife Park’s terms can be found here https://currumbinsanctuary.com.au/terms-and-conditions. The winner and their guest should review the terms of the selected airline prior to travel.

  1. Travel insurance is not included. The winner and guest must ensure they have a good quality insurance policy which will cover all risks relevant to the country/countries of travel.
  2. The prize package must be taken as a whole, flights and Currumbin vouchers cannot be redeemed separately. The Winner and their guest must travel together on the same flight.All travel bookings will be made via the Promoter’s chosen supplier and must be made at least 8 weeks in advance of proposed travel dates and once a booking has been confirmed no changes are permitted. If a booking is cancelled no alternative tickets will be issued.
  3. The winner and their guest are responsible for ensuring that they are in possession of appropriate travel insurance, valid passports (which meet all requirements for travel to country/countries of travel including but not limited to any requirements relating to the remaining duration of validity of the passport), visas and all health or other Government requirements prior to departure (including inoculations).
  4. The Promoter is not responsible for any act or omission by the winner or their guest which leads to winner or guest being refused entry or access to any part of the trip.
  5. All travel is subject to the airline’s standard terms and conditions. Once booked, flights cannot be altered or amended, and no refunds are possible. Prize flights cannot be used in conjunction with any airline loyalty programme, any other discount, discount coupon(s) or voucher(s), promotion(s) or special offer.
  6. Once travel tickets have been issued, the Promoter shall not be liable for any failure to comply with its obligations caused by (but not limited to) weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, or any other circumstances beyond the control of the Promoter or travel companies.
  7. Prize cannot be taken during peak travel seasons (including Christmas and Easter).
  8. The winner and guest are responsible for all expenses not expressly stated in these Terms and Conditions as being included as part of the prize. All other costs and expenses incurred including, but not limited to accommodation, meals, transfers and any travel to/from any airport and any travel within Australia, insurance, priority boarding, upgrades, reservations of seats, luggage fees, excursions, visas (if applicable), vaccines (if applicable), accommodation, meals, spending money, tips and other gratuities and any other expenses are the winner’s and their guest’s own.