Terms & Conditions
  1. Information on how to enter, how to claim and details of prizes form part of these Terms and Conditions. Participation in this promotion constitutes acceptance of these Terms and Conditions.
  2. Entry to the promotion is open to all individuals currently residing in New Zealand who fulfill the entry requirements. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible. "Immediate families" means spouse, ex-spouse, de-facto spouse, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, natural or adopted child, and sibling or step-sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
  3. Any persons under the age of 18 must obtain parent/guardian permission before entering this promotion
  4. The Promoter reserves 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 the Promoter's discretion.
  5. In addition, the Promoter reserves the right to disqualify any entry, which shows it determines, in its absolute discretion, is dangerous or otherwise inconsistent with the Promoter's quality assurance procedures or any applicable health and safety laws and requirements.
  6. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  7. Multiple entries permitted, subject to the following: (a) each image can only be submitted once; and (b) each entry must be submitted separately and in accordance with entry requirements.
  8. The promotion commences at 00.00:01am (Auckland time) on 1/09/2009. Submissions close at 11.59:59pm (Auckland time) on 30/09/2009.
  9. No purchase necessary. To enter:
    1. Visit www.blueseptember.org and simply complete the online entry form including your full name, email address, street address (optional), suburb, state, phone number, tick the box that states that you have read and agree to the Terms and Conditions, upload the image that was inspired by Blue September.
  10. Eligible submissions will be judged in accordance to these Terms and Conditions.
  11. Submission commences at 00.00:01am (Auckland time) on 01/09/2009 and closes 11.59:59pm (Auckland time) on 30/09/2009.
  12. Submissions must comply with the following Terms and Conditions to qualify as a valid Submission:
    1. Your image must be of yourself or you must have approval from the person who is in the photo.
    2. Your submission must not use images which are under copyright, unless you are the copyright holder.
    3. Stock photographs (i.e. photographs obtained from an image library or other such source) may not be submitted as part of a submission.
    4. Your picture must not be smaller than 34KB or larger than 4MB and must be in one of the following formats: JPG, BMP, GIF or PNG.
    5. Submissions will be reviewed for content before being judged; however, such review does not relieve you from responsibility and compliance with these Terms and Conditions. Submissions that do not comply with these Terms and Conditions or that otherwise contain prohibited, or inappropriate content as determined by the Promoter, in its sole discretion, will be disqualified and will not be considered eligible. The Promoter makes the final determination as to which Submissions are eligible to take part in this promotion and no correspondence will be entered into. The Promoter has the right to automatically exclude entries that contain questionable content related to offensive language and/or third party products without further consideration and at its sole discretion.
  13. When you submit any materials via the Promotion including comments, recordings and images ("Content"), you, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use, where the moral rights in respect of the Content are yours to assert. You warrant that you have the full authority to grant these rights
    You agree that you are fully responsible for the Content you submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. You warrant and agree that: (a) you will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) you will obtain prior consent from any person or property that appears in your Content; (c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) your Content shall not contain viruses or cause injury or harm to any person or entity; and (e) you will 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.
  14. Without limiting any other terms herein, you indemnify the Promoter for any breach of the above terms. All entries (which shall include photographs) submitted become the property of the Promoter, excluding Third Party Approved Images, which will remain the property of the relevant third party. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant licenses the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant warrants to the Promoter that each entry submitted is an original artistic work of the entrant (excluding Third Party Approved Images) that does not infringe the rights of any third party, or in the case of Third Party Approved Images, that the entrant has the appropriate permissions and authority to use and otherwise deal with the Third Party Approved Image as necessary for the purpose of this promotion, and of this clause. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1994.
  15. In relation to the selection of the daily prize winners ("Finalists") Submissions, all valid Submissions will be judged against the following judging criteria ("Judging Criteria"):
    The Judging Criteria with respect to the photo is as follows:
    1. Original and creative
    2. Simple, straightforward and fun 

Submission Criteria:

Judging Criteria:

Selection of daily prize winners (finalists):

  1. The daily prize winners ("Finalists") will be selected and announced to the winners no later than the day after it has been decided by a judging process in which a panel of judges ("Judges") will evaluate each eligible submission based on the judging criteria (defined above). In the event of a tie, the tie will be broken based on the Judging Criterion in order with respect to the picture, as needed to break the tie.
  2. All Finalists are subject to verification, including without limitation, verification of eligibility through Police Checks and complete compliance with these Terms and Conditions. If attempted notification is returned as undeliverable, if a Finalist cannot be verified, or if a Finalist is otherwise unable to accept their status as Finalist, their selection as a Finalist will be forfeited and an alternative Finalist may be selected provided sufficient time remains, in Promoter's sole discretion.

Selection of final major prize winners:

  1. The final Major Prize Winners will be selected from the daily prize winners “finalists” and announced to the winners no later than the week after it has been decided by a judging process in which a panel of judges ("Judges") will evaluate each eligible submission based on the judging criteria (defined above). In the event of a tie, the tie will be broken based on the Judging Criterion in order with respect to the picture, as needed to break the tie.
  2. All Major Prize Winnners are subject to verification, including without limitation, verification of eligibility through Police Checks and complete compliance with these Terms and Conditions. If attempted notification is returned as undeliverable, if a Finalist cannot be verified, or if a Finalist is otherwise unable to accept their status as Finalist, their selection as a Finalist will be forfeited and an alternative Finalist may be selected provided sufficient time remains, in Promoter's sole discretion.
  1. The prizes consist of one (1) Return flights for two to either Melbourne or Sydney on Pacific Blue, with three nights accommodation at Vibe Hotels (subject to available dates, excludes ticket and airport taxes), (1) Watties prize pack to the value of $1000, (1) Barkers Suit worth $750
  2. The Major Prize Winners will be announced in early October.
  3. The Major Prize Winners will be announced in early October.
  4. The Major Prize Winner will receive their prize/s within 28 days of being announced as a winner.
  5. The prize is personal to the Major Prize Winner’s himself/herself and is not transferrable.
  6. The major prizes and the runner up prizes will be provided in full and final considerations of the winning photos.
  7. No substitution of any prize is offered, except at the sole discretion of the Promoter. Finalists will be notified by phone and/or email notification.
  8. At the Promoter's request, winners must participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in promotional material or in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  9. At the Promoter's request, winners must participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in promotional material or in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  10. Participants must comply with all requirements of the Promoter including requirements specified in the Terms and Conditions. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant:
  1. fails to establish their entitlement to enter the Promotion to the Promoter's satisfaction;
  2. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
  3. submits an entry which in the Promoter's opinion is not in accordance with these Terms and Conditions;
  4. acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person; or
  5. in the opinion of Promoter, engages in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter.
  6. The Promoter's decision is final and no correspondence will be entered into.
  7. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
  8. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), 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 Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry, vote or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (g) use of a prize.
  9. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage in transit to prizes.
  10. As a condition of accepting the prize, winners may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  11. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
  12. If a prize winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
  13. Prizes will be sent to all winners from the business in which the prize originates from.
  14. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.
  15. All entries received will remain property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may disclose entrants' personal information to third parties, to its contractors and agents to assist in conducting this Promotion or communicating with entrants. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. The Promoter is bound by the National Privacy Principles in the Privacy Act 1993. Entrants can request access to the personal information the Promoter holds about them by contacting MWC Media on 09 522 8607. The Promoter's privacy policy is available on the Promoter's website www.blueseptember.org
  16. The Promoter is MWC Media (ABN 28 122 593 391) in support of Prostate Cancer Foundation, 12 Ngapipi Road, Orakei, 1071, Auckland. Telephone Number 09 522 8607.