your health link photographic competition

  terms and conditions   

1. Information on how to enter this Competition and prize details form part of these Terms and Conditions of entry (Terms). These Terms apply to the Competition and entry into the Competition is deemed acceptance of these Terms.

2. The promoter is Mid North Coast Local Health District (ABN 57 946 356 658) of PO Box 126 PORT MACQUARIE NSW 2444 (Promoter).

3. The Competition will be open from *** Midday on 19 August 2023 and will close Midnight (Eastern Standard Time) on 8 October 2023 *** (Competition Period).

4. Entry is open to Australian residents, acting in their individual capacity or on behalf of an Australian organisation or Australian school. Entries submitted on behalf of a group, organisation or school must designate one contact person who must have at least one (1) valid email account in order to qualify. In the event of a dispute between participants in a group, organisation or school, the entry will be deemed to have been submitted by the authorised holder of the email account from which the entry is made and such entrants, by entering this Competition, declare that they are entering the Competition on behalf of the particular group, organisation or school nominated on the Entry form (Eligible Entrants).

5. Employees of the Integrated Multi Media Unit (including suppliers of Prizes and Judges), and their immediate families, are not eligible to enter. By entering this Competition you represent that you are eligible to enter.

Consent

6. To enter the Competition and be eligible to win, Eligible Entrants:

  • Under the age of 18 years, must have his or her parent or guardian’s consent to enter this Competition.
  • Must obtain the written permission of any person clearly identifiable in the photograph/s entered and have those person/s sign the media consent form which can be found at the Website.  Please note parent or guardian written consent must be given for children under the age of 18 years.  Semi-finalists will be required to submit written consent forms to the Promoter. 

How to enter

7. To enter the Competition and be eligible to win, Eligible Entrants must:

  • create an original photograph related to the theme of ‘Healthy Life Healthy You’ (Competition Theme) which:
    • is in jpg format no larger than 8MB (finalists will be requested to submit a larger file prior to the National Exhibition)
    • has been created after July 2022
    • the photograph must never have been published and not ever won a photographic competition; and
    • complies with the photograph submission guidelines (Photo Submission Guidelines) set out below.
  • Submit the Photograph online at https://www.yourhealthlinkphotocomp.com.au/ (Website)
  • Submit via the electronic entry form, which can be found at the Website which sets out details of the Eligible Entrant including but not limited to the Eligible Entrant’s name, email address and phone number (Entry Form)
  • Nominate one of the following categories for the Photograph:
    • Primary School category
    • High School category
    • Mobile category (open to photographs created on a mobile telephone or tablet)
    • Open category.

My Quick Healthy Family Recipe

  • All recipes entered into the My Quick Healthy Family Recipe subcategory must be your own family’s original healthy recipe.
  • By entering the competition and submitting your recipe, you are providing Healthy Kids Association with the right to publish, film and/or promote your recipe in perpetuity.

(Eligible Entry).

8. Eligible Entrants may enter the Competition as many times as they like.
 
9. Group entries are allowed, but entries may only be submitted in one Eligible Entrant’s name. By submitting an entry, the Eligible Entrant agrees that they have the permission of the other person(s) contributing to the entry as part of this Competition. If multiple people contributed to the winning entry, the Prize will be awarded solely to the Eligible Entrant named in the submitted Eligible Entry. In the case of the Primary and High Schools section each winning student’s school will also receive a prize for their healthy school canteen program or similar initiative.

10. The Promoter accepts no responsibility for any entries not received for any reason during the Competition Period. Entries will be deemed to be accepted at the time of receipt by the Promoter. No responsibility will be taken for lost, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.

11. Incomplete, illegible, indecipherable or incorrect entries, or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights (including intellectual property rights) and/or which fail to meet the Photo Submission Guidelines are invalid. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.

Judging process

12. Judging will be conducted by the Mid North Coast Local Health District and an expert judging panel. The judges’ decision in relation to any aspect of this Competition is final and binding on each person who enters this Competition. This is a competition of skill and chance plays no part in determining the Winners.

13. The judges will judge each Eligible Entry based on its relation to the Competition Theme and the photographic quality and creativity of the Photograph (Judging Criteria).

Semi-finalists

14.    The judges will select the best Eligible Entries as judged in accordance with the Judging Criteria, as determined by the judges in their sole direction (Semi-finalists).

15.    Judging of all Eligible Entries received during the Competition Period to determine Semi- finalists will commence on 11 October 2023. All Eligible Entries will be assessed in the Semi-finalist Judging process.

16.    Semi-finalist entries will be displayed on the Your Health Link Photography Competition website once the judging process is completed.

Finalists

16.    Of the Semi- finalists, the judges will select the best Eligible Entries as judged in accordance with the Judging Criteria, as determined by the judges in their sole direction (Finalists).

17.    Judging of all Semi-finalists received during the Competition Period to determine Finalists will commence on 17 October 2023 (Finalist Judging Date).

18.    The Finalists entries will be displayed on the Your Health Link Photography Competition website once the judging process is completed.

19.    Finalists must submit a high-resolution copy of their image by *** 20 October 2023 ***. The Promoter will advise Finalists of the size requirements for each Photograph for the exhibition.

Prizes

20. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prize.

21. The Prize is not transferable. All other costs associated with the Prize are the responsibility of the Winner.

22. The Semi-finalists and Finalists will be notified in writing by email and with their entries displayed on the Website.

23. The Promoter reserves the right to request that a Finalist provides proof of his / her identity, residency and / or age prior to awarding a Prize. Proof of identification, residency and /or age considered suitable for verification is at the discretion of the Promoter. In the event that a Finalist cannot provide suitable proof, the Finalist will forfeit the Prize and no substitute will be offered.

24. If the Promoter is unable to contact Winners to claim fulfilment of the applicable prize within 28 (twenty-eight) days of the applicable judging date, that Winner will forego their applicable prize in its entirety and the applicable prize will be awarded to the next best entry as assessed by the judges.

25. The Promoter shall not be liable for any prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the Finalists.

26. In the event that the Promoter is unable to supply a prize, the Promoter reserves the right to supply an alternative prize of similar value.

27. The Promoter’s decision is final on all matters and no correspondence will be entered into.

28. If a Winner is under the age of 18 years, the prize will be awarded to his or her parent or legal guardian, except where a prize is awarded to an entrant in the Schools category, in which case the Healthy School Canteen Prize will be awarded to the named school.

School Canteen Prizes:

  • it is recommended that winning schools refer to their Healthy School Canteen Strategy and their state or territory government guidelines for the supply of healthy foods and drinks supplied in the school canteen when determining how to utilise the prize money
  • schools receiving the School Canteen Program prize will be contacted prior to receiving the prize to seek their agreement to use the funds towards a healthy canteen initiative.  Schools are required to commit to a follow-up interview conducted by the Mid North Coast Local Health District to discuss how these funds were spent towards a healthy canteen program or similar initiative. This may include, but is not limited to, photos of school activities and/or purchases that were made possible with the award funds in support of a healthy canteen initiative within the school. This information may also be used for promotional information, including media, to promote future Your Health Link Photography Competitions
  • if successful applicants do not spend the funds in accordance with their application, they may be required to return the award funds.

Photograph Submission Guidelines

29. Photographs submitted must not:

  • be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any dangerous activity
  • promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message
  • be obscene or offensive, endorse any form of hate or hate group
  • defame, misrepresent or contain disparaging remarks about the Promoter or its services, or other people, products or companies
  • infringe the intellectual property rights of any third party and must not contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind or contain any personal identification, such as vehicle number plates, personal names, e-mail addresses or street addresses
  • must not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media)
  • must not include images of corporate logos, trademarks, identities, or other proprietary materials owned by others such as television shows, magazines, or web pages
  • must not contain images of children unless the written consent of a parent or guardian has been obtained to the use of the image, including any use in accordance with these Terms. The Promoter reserves the right to request a copy of this consent in writing
  • must not communicate messages or images inconsistent with the positive images and/or goodwill to which the Promoter wishes to associate; and
  • must not depict, and cannot itself be in, violation of any law.

Intellectual Property, Moral Rights and Privacy.

30. Photographers retain copyright of their images. 

By entering the Competition, each Eligible Entrant:

  • warrants that the Eligible Entry is an original work, meaning that it has been created by the Eligible Entrant, has not been copied from any other source, and does not incorporate any material or idea from any other person and that the Entrant has written consent of the people whose image is included in the photograph, including any use in accordance with these Terms.  The Promoter reserves the right to request a copy of this consent in writing
  • grants to the Promoter an irrevocable, perpetual, royalty-free, worldwide non-exclusive licence, to display, publish, communicate to the public, broadcast for the purpose of marketing and promoting the Competition, in any media (including media not yet in existence), including, but not limited to:
    • uploading and posting it on the Website
    • uploading and posting it on social media sites
    • exhibitions related to this Competition
    • publications published and distributed by the Promoter and Competition Partners relating to this competition.
  • Semi-finalist and Finalist photographs (one copy) becomes the property of the Mid North Coast Local Health District for display in its public hospitals and community health centres. [The photographer retains copyright]
  • In consideration of the publicity and exposure they receive from their work being exhibited on the 2023 Your Health Link Photographic Competition website, each finalist grants to the Promoter, partners and sponsors a non-exclusive, perpetual, irrevocable, worldwide and royalty-free licence to use his or her photograph entered and exhibited for the advertising and promotion of the Competition in any form of media now known or yet to be devised, both from the date the finalists are announced and in future years. Entrants acknowledge and agree that the Promoter, partners and sponsors are not liable to pay the finalist photographers any fee, royalty or other form of remuneration for this right.

31. By entering into the Competition, the Eligible Entrant and their parent/guardian agrees and acknowledges that:

  • they may be contacted by the Promoter to provide comments about the Competition and the Promoter (or an agent of the Promoter) may take photos of them
  • the Promoter may use such comments or photos taken of them (Materials) for the Promoter’s future competition promotional and marketing purposes without further reference or compensation to them
  • the Promoter may duplicate, alter, adapt and utilise these Materials (comments and photos taken of them) as the Promoter wishes at anytime, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same
  • they acknowledge that, by entering the Competition, they grant to the Promoter on creation of these Materials (comments and photos taken of them) a royalty-free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose
  • they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their Moral Rights in these Materials
  • they waive all Moral Rights in these Materials that arise outside Australia; and
  • they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in these Materials.

32. By submitting an entry, Eligible Entrants agree that the Promoter and Partners may make their Photograph available to the public, including but not limited to, by:

  • uploading and posting it on the Website
  • exhibitions related to the Competition
  • publications published and distributed by the Promoter and Partners relating to this competition.

33. The Promoter reserves the right to remove any materials from the Website, exhibition or publication.

34. The Promoter collects personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. By entering, Eligible Entrants consent to the Promoter, for an indefinite period, unless otherwise advised, using the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Eligible Entrants should direct any request to access, update or correct information by contacting the Promoter via email to MNCLHD-YourHealthLink@health.nsw.gov.au. The personal information collected in connection with this Competition will be used, stored and disclosed in accordance with the Promoter’s Privacy Policy (Privacy and Personal Information Protection Act 1998).

Releases and indemnities

35. The Promoter is not responsible for any technical malfunctions or problems with internet or network congestion, including injury or damage to a participant’s or any other person’s computer related to participation in this Competition and problems with transmission of entries and / or emails over the internet, acts in violation of these terms and conditions, acts in a disruptive manner, or acts with the intent to annoy, abuse, threaten or harass any other person.

36. The Promoter will not be liable for any loss, claim, action, demand, compensation, liability, tax, damage, cost, expense or personal injury whatsoever (including, but not limited to any direct, indirect or consequential loss and including any legal cost and expense), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Competition or the acceptance or use of any prize, whether as a result of negligence, a breach of statute or breach of duty, or otherwise, except for any liability which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

37. The Promoter will not be liable for any loss or damage to the Photographs howsoever caused.

38. Each Eligible Entrant indemnifies the Promoter and its affiliates and agrees to hold them harmless from and against all losses, costs, proceedings, damages, expenses or liabilities howsoever incurred by the Promoter or any of its affiliates as a result of any claim by a third party resulting from the Eligible Entrant’s breach or failure to observe any of the obligations in these Terms.

General terms

39. If the Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate.

40. These Terms are governed by the laws in the State of New South Wales.