and conditions


Ballarat Through My Eyes – Photography Competition


Terms and conditions



In these official Terms and Conditions (Terms and Conditions), the following terms have the meanings set out below. In addition, other capitalised terms have the meaning so given to them.


‘Competition’ means the competition, game, sweepstakes, promotion, marketing activity or other event specified herein these Terms and Conditions;


‘People’s Choice’ means a photograph chosen by the public to win this section.


‘Competition Facilitators’ means, collectively, the Administrator, the Organiser and any sponsors arranged by the Organiser;


‘Competition Site’ means www.ballaratfoundation.org


‘Administrator’ means The Ballarat Foundation


‘Organiser’ means The Ballarat Foundation


‘Prize’ or ‘Prizes’ means the prize or prizes (if there are multiple prizes) to be awarded.


‘Competition’ as specified in the Competition Summary;


‘Region’ means within the Ballarat region.


‘Site’ means www.ballaratfoundation.org and any services available thereon;


‘Entries’ means photographs that meet the Competition Requirements;


‘Competition Requirements’ the competition requirements are:

a)      Images must be a high-resolution image, with a minimum dimension of 1200 pixels on the shortest edge, a minimum file size of 2MB. All photos must be in high-quality .jpg or .tiff format.

b)      The person entering the Competition is open to any one.

c)      Entrants under 18 years of age must have permission from a parent or guardian to enter. A permission form is available on the Competition Site.

d)      Entries must be submitted via the Competition Site (www.ballaratfoundation.org)

e)      Entries must adhere to the competition theme as follows: “Ballarat Through My Eyes” and be accompanied by 25 words which explain why the image is of a person, place or thing that represents Ballarat to the entrant. The competition will have three categories; ‘Places’, ‘Faces’ and ‘Young Photographer’. An entry can be submitted across more than one category.

f)       There is no restriction on when your photograph was taken however, photographs MUST NOT have been entered in the 2013 competition.

g)      The entrant must ensure they have permission from people who may be

photographed for entries submitted (photo release form available on the Competition Site).


1.       Eligibility: The competition is FREE to enter and open to all individuals. If you are under 18 years of age, you will be required to gain written permission from a parent or legal guardian; this form is available on the Competition Site. You may be asked by the Competition Facilitators to provide such permission in writing to the Competition Facilitators.


The ‘Young Photographer’ category is open only to current primary or secondary students in the Ballarat region. Proof of enrolment may be requested by the Competition Facilitators.


It is your responsibility to ensure that you are legally allowed to enter the Competition under any laws applicable to you in your jurisdiction of residence or otherwise. Employees of The Ballarat Foundation or the Ballarat Foto Biennale are not eligible to participate in the Competition. The Competition is void outside the Region specified and where prohibited by applicable federal, state, provincial or local laws, rules or regulations.


2.      Agreement to Terms and Conditions: By participating in the Competition, you fully and unconditionally agree to and accept these Terms and Conditions and the decisions of the Organiser and/or Administrator, which are final and binding in all matters related to the Competition. The Organiser reserves the right to exclude any Entry that is deemed to be inappropriate for public exhibition by the organiser. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Terms and Conditions. The Organiser is responsible for ensuring the Competition complies with the law of Victoria and all applicable Federal laws and Legislation.


3.      Competition Period: The entire Competition will operate from Thursday 11 June, 2015 to Monday 27 July, 2015.

a)      Competition Participation will begin 9.00 am EST on Thursday 11 June, 2015 and end at 6 .00pm EDST on Monday 27 July, 2015.

b)      The Competition Display online will begin as soon as entries are


c)      The judging period for all Sections other than People’s Choice will begin Tuesday 28 July, 2015 at 9.00am EST and end on Tuesday 4 August, 2015 by the selected panel and all decisions made by the selected panel will be final. (No correspondence will be entered into).

d)      People’s Choice will be voted by the public online from June 11, 2015 until 3 August, 2015. The winner of People’s Choice will be the featured image in the Ballarat International Foto Biennale Fringe Preview at the Mining Exchange (subject to endorsement by the judging panel).

e)      Finalists will be notified by Wednesday 12 August, 2015. All entrants are encouraged to attend the exhibition launch at (Central Square Shopping Centre) on 22 August 2015.


4.      How to Enter: To enter the Competition, agree to the terms and conditions, then complete the registration form on the Site with your name, email address, birth date and any required questions specified by the Administrator. Follow the directions specified for the Competition in the Competition Summary during the Competition Period. You must provide an entry (Entry) that fulfills the Competition Requirements (Competition Requirements) to be eligible to win a Prize. Entries that do not include all the required information or adhere to the Terms and Conditions will be considered void. The Competition Facilitators are not responsible for lost, misdirected or incomplete Entries. The Organiser determines if an Entry meets the Competition Requirements and otherwise complies with the Terms and Conditions and the Organiser’s decision in this regard is final.


5.      Terms of Submission: You may enter the Competition as many as five times. If the same entry is submitted across more than one category, each category entered will count as one submission. If more than five entries are submitted, the first five will be accepted. No substitutions will be made. By participating in the Competition you permit voting for your Entry.


6.      Rights Granted by you: By entering this Competition:

a)      you grant the Organiser a non-exclusive license without charge to use any or all of your Entries on the Promoter’s website in any representations of these websites in other mediums, for an unlimited time for the purposes of promoting or conducting this or any activity, credited as a Competition Entrant or Winner to your first name and location (city and state/territory) where possible;

b)      you grant the Organiser the right to a non-exclusive license to use any or all of your Entries, or where applicable, in any media, for an unlimited time for the purposes of promoting its services, other promotions or in informational publications credited to your full name and location (city and state/territory) where possible.

c)      you grant the Organiser a non-exclusive license without charge to use any or all of your Entries in Competition Winners exhibitions organised or managed by the Organiser for the purposes of promoting or conducting this or any future Photography competitions and promoting councils website, credited to your full name and location (city and state/territory) where possible.

d)      You acknowledge that the Organiser has no obligation to use your Entries in any way and has absolute discretion as to how your entry may be used at any time in the future.


7.      Your Representations and Warranties: By entering the Competition, you represent and warrant that:

a)      your Entry, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs) in or in connection with your Entry without permission;

b)      you assume full and complete responsibility and liability for the content of your Entry and shall indemnify and hold harmless the Competition Administrator, Organisers, and any Sponsors from and against all demands, claims, or liability related to your Entry, or related to any allegations that your entry infringes on the copyright or intellectual property rights of a third party.

c)      your Entry, the use thereof by the Competition Facilitators, or the exercise by the Organiser or Administrator of any of the rights granted by you under these Competition Terms and Conditions, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;

d)      you have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the Competition Facilitators under these Competition Terms and Conditions;

e)      all persons who were engaged by you to work on the Entry, who appear in the Entry in any manner, or have contributed to the Entry have:


i)           given you their written consent to submit the Entry without claims for payment of any kind; and

ii)         provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Competition Facilitators to provide such permission in writing to the Competition Facilitators; and

f)       You have read, understood, accept and agree to be bound by the

Administrator’s Terms and Conditions as set out on www.ballaratfoundation.org as they may be amended from time to time.


8.      Prizes: The Organiser will provide the Prize(s) to be awarded for a particular Competition. No substitution of a Prize will be made unless the Organiser, in its sole discretion, determines otherwise. A Prize must be accepted as awarded.


9.      Winner(s): The winner(s) (‘Winner(s)’) of the Prize(s) will be selected, as specified in the Competition Terms and Conditions, from all eligible Entries received. If you are selected as a finalist, you will be notified of the selection of your Entry by the telephone or email address provided by you on the Registration Form. All decisions of the Organiser in selecting the Winner (s) are final and binding on all Entrants in all matters relating to the Competition. The final 12 images in each section will be exhibited at Central Square Shopping Centre from 22 August until 20 September. These works will be available for sale to the public, with all proceeds going to the Organiser. If the Organiser determines that there are not 12 appropriate images for exhibition in a section, it reserves the right to select additional images from another section.


10.    To Redeem Prize: Except where prohibited, a Winner (or his/her parent/legal guardian if the Winner is a minor in his/her jurisdiction of residence) shall be required to collect the prize. A Prize is personal to the Winner and is non- transferable. If a Winner cannot be contacted, the Winner forfeits the Prize. Acceptance of any Prize shall constitute and signify the Winner’s agreement and consent that the Competition Facilitators may use the Winner’s name, photo, city, state, likeness, Entry and Prize information in connection with the Competition, worldwide, including on the internet, without limitation and without further

payment or consideration, except where prohibited by law. Each Winner (or his/her parent/guardian if the Winner is a minor) is responsible for all taxes and fees associated with receipt of the Prize.


11.     Voting: Voting for the People’s Choice award begins and ends as stated in the Competition Period (the ‘Voting Period’). Entries that best meet the judging criteria during the Voting Period will be favoured. The Competition Facilitators have the right, in their sole discretion, to maintain the integrity of the Competition, including the right to void entries including, but not limited to, for the following reasons: fraudulent entries (using a redirect link, a disguised link, a fraudulent link, etc.); technical malfunction of servers or internet connection; technical or content upgrades that render votes incompatible or inconsistent; and inappropriate conduct in promoting votes (spam, harassment, etc.).

Based on the amount of votes each entry receives, the People’s Choice will be awarded for the entry with the most total votes at the conclusion of the given period (as specified in Section 3).


12.    Judging: On 3 August, 2015, the judges comprised of representatives of the Organiser will select the winning entrants. The judges will review and assess each entry in accordance with the following criteria:

(i) creativity and

(ii) relevance to the Competition categories.

The entries that receive the highest score/s when assessed against the aforementioned criteria will be declared the winner/s of the Competition.

The winners will be announced on 4 August 2015, online and on the Ballarat Foundation Facebook page. The Organiser or its representative will attempt to contact the winner by email or telephone within three (3) business days of the announcement. If the selected entrant cannot be contacted, or fails to respond to any contact, within three (3) business days, he/she will be disqualified and the Organiser reserves the right to contact the entry with the next highest score as awarded by the judging panel.


13.     General Conditions: The Competition Facilitators have the right to verify your eligibility and compliance with these Terms and Conditions, and to disqualify you on the basis of its investigation. Your personal information will be processed in accordance with the Administrator’s Privacy Policy, as amended from time to time. You should direct any request to access, update, or correct your personal information to Administrator.


Nothing contained in these Terms and Conditions shall be construed to:


(i)         give any party the power to direct and control the day-to-day activities of the other;

(ii)       constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or

(iii)      allow you to create or assume any obligation on behalf of the Organiser.


By entering the Competition, you fully and unconditionally agree to and accept these Terms and Conditions and the decisions of the Competition Facilitators and the members of the voting community, which are final and binding on all matters relating to this Competition.


Competition Facilitators reserve the right to cancel, modify or suspend the

Competition at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Competition cannot be conducted as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Competition.


14.    Liability Provisions: The Competition Facilitators are not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control. You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries.


The Competition Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry.


The Competition Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Competition Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labour dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organiser’s control.


The Organiser, Administrator and their employees shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Competition Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Competition; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Competition; theft, loss, destruction or damage to an Entry in whole or in part;

and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Competition or downloading materials from or use of the Site or any Competition Site.


Caution: Any attempt by you to deliberately damage the Site or any Competition Site or undermine the legitimate operation of the Competition is a violation of applicable criminal and civil law. Should such an attempt be made, the Organiser and Administrator reserve the right to seek damages from any such person to the fullest extent of the law and to disqualify you from the Competition.


Limitations of liability and release: By submitting an Entry, you agree that the released parties will have no liability whatsoever for, and will be released and held harmless by you and your heirs, executors, representatives, successors and assigns for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind, including direct, indirect, incidental, consequential or punitive damages to persons, including, without limitation, disability or death, and damage to property, due in whole or in part, arising directly or indirectly, now or in the future from the delivery, acceptance, use or misuse of the prize, any and all use as provided herein of your entry, or participation in this competition and/or any related competition. Without limiting the foregoing, everything on the Site and any competition site is provided ‘as is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case such limitation or exclusion shall apply only to the extent permitted by the law in the relevant jurisdiction.


15.     Governing Law: The Competition is governed by and subject to the laws of the state of Victoria and all applicable Federal laws and Legislation, and all disputes will be decided in accordance with the laws of the state of Victoria and all applicable Federal laws and Legislation.