This document sets out the terms of participation in Dunk Island’s "Dunk Island Guest Photo Competition" competition.
By entering the Competition, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions. All relevant instructions on the Promoter's website form part of these Terms and Conditions.
1. The promoter of this Competition is Dunk Resort Pty Ltd (the "Promoter") (ABN 70 137 664 003), PO Box 212, Mission Beach, QLD, 4852, Australia.
2. Entry to the Competition is open to guests and visitors of Dunk Island Resort. An entrant must be an individual and not a company or organisation. Entrants under 18 years of age must have the consent of their parent or guardian to enter. Employees of the Promoter or any person associated with the Competition, or any organisation or individual associated with the provision of the prize(s) are not eligible to enter.
3. Each entry must be entered in accordance with these Terms and Conditions. By entering the Competition, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions. All relevant instructions on the Promoter's website form part of these Terms and Conditions.
4. Entry into the Competition is free.
5. The Competition opens at 5pm on Monday, 9 August 2010 and closes at 12 midday on Friday, 31st December 2010 ("Competition Period"). Any entry received after the expiry of the Competition Period will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
6. To enter the Competition, you must:
(a) You must ‘Like’ Dunk Island Resort’s profile page
(b) Post a photograph/s of Dunk Island on the Dunk Island Resort Facebook wall within the competition period. Photographs must be taken on Dunk Island.
(c) If selected as one of the best photographs, you must email the original high resolution photo file to
within 7 days. If this file is larger than 20MB, it must be reduced to a size between 5MB and 20MB.
7. Each entry must include a photo fitting the entry details. This will be automatically accompanied by Facebook contact information. Dunk Island reserves the right to exclude and remove any entry from the competition at any time. All submitted images are subject to approval before they will be displayed on the Dunk Island website.
8. By submitting the photo/s to the Promoter, you grant the Promoter and its licensees and assignees a non-exclusive licence to exercise all rights in perpetuity throughout the world in the Photo/s and all other material provided by you to the Promoter at any time.
9. Without limiting the rights granted to the Promoter under point 8, you specifically agree that point 8 grants to the Promoter the non-exclusive right throughout the world to communicate the photo/s in whole or in part to the public on any media platform and you grant to the Promoter all associated rights necessary to exercise the above rights.
10. From the photos which are submitted, the best photos will be selected, judged by the Promoter's panel of judges to be the most fun, interesting, and creative. The entrants will be asked to email a copy of these to
. If you do not send us a photo in accordance with point 6(c), your photo will not be able to be entered into the finalist voting stage.
11. The best of the selected photos will be placed in a ‘Finalist’ album to be voted by the public. The image that gets the most votes in this album, will be determined the winner of the competition. An individual may vote only once for each work. Dunk Island reserves the right to withdraw any entries or votes where unfair or illegitimate practices are suspected.
12. The First Prize Winner will receive 3 nights for two people in a Beachfront Suite, all meals included, all return flights from Cairns and a $50 Dunk Dollars voucher (approximately $2,500 value). Prize to be redeemed before 30 November 2011. Conditions and blackout periods apply.
13. The Promoter accepts no responsibility for any variation in prize value.
14. No component of the prizes can be transferred or redeemed for cash. In the event that the prizes becomes unavailable due to circumstances beyond the Promoter's control, the Promoter reserves the right to provide a similar product to the same or greater value as the original prizes, subject to any applicable laws or written directions made under applicable legislation.
15. You warrant that:
(i) all details provided with your entry are true and accurate;
(ii) you have all necessary rights and licenses to grant the rights set out in these Terms and Conditions;
(iii) the Photo/s is an original work;
(iv) you are the copyright owner or authorised licensor of all copyright works and subject matter comprising the Photo/s;
(v) the exercise of the rights granted to the Promoter in these Terms and Conditions will not infringe the rights of any third parties; and
(vi) the nature of the photo/s are not offensive, inappropriate, or illegal,
and you will indemnify the Promoter against any loss or damage resulting from any breach of these warranties.
16. You acknowledge that the Promoter is under no obligation to exercise any of the rights granted to it by these Terms and Conditions.
17. You agree that the Promoter may use your entry and any personal details provided to the Promoter for any promotional, marketing and publicity purposes of the Promoter in any media without notice and without any fee paid to you.
18. Decisions of the Promoter and its panel of judges are final and will be binding on each person who enters the Competition and no correspondence will be entered into. The name of the prize winners will be announced on the Dunk Island website and Dunk Island Resort Facebook page. Please allow at least 28 days from the date of notification for the delivery of the prizes.
19. In the event that a prize winner is unable to be contacted, the Promoter will retain the prize for 12 months from the date of the judges' decision. If any prize is not claimed within 12 months of the date of the judges' decision, the judges may determine another winner for the unclaimed prize. A winner of any unclaimed prize will be the prize winner for the purpose of these Terms and Conditions. The prize must be used within 12 months of being claimed.
20. If there is any event that prevents or hinders the Promoter's conduct of the Competition or the Promoter's ability to deliver the prizes to the prize winners, the Promoter may, in its discretion, cancel the Competition and recommence it at another time under the same conditions or select another winner.
21. The Promoter is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error that may occur in the course of the administration of this Competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
22. To the full extent permitted by the law, the Promoter will not be liable for any injury, damages, expenses, or loss whatsoever (whether direct or inconsequential) to persons or property as a result of any person entering into the Competition or accepting or using any prize, including without limitation non-receipt of any prize or damage to any prize in transit.
23. Dunk Island Resort reserves the right to change or alter the official rules, method of entry and/or prize(s) without prior notification.
24. This promotion is in no way sponsored, endorsed, administered by or associated with Facebook.
25. All photos posted to our facebook page from 31 December 2010 will be considered for the 2011 photo competition.