Terms & Conditions

Next Level Competition

1.The Promotion is Canon Next Level 2017 and is governed by these Terms and Conditions.

2.Information on how to participate in the Promotion forms part of these Terms and Conditions. Submission of an Entry into the Promotion is deemed acceptance of these Terms and Conditions.

3.The Promoter is Canon New Zealand Limited (CN 438049) of Canon House, Akoranga Business Park, Akoranga, Northcote, Auckland 0627.

4.All correspondence in relation to this Promotion should be directed to: nextlevel@canon.co.nz.

5.The Promotion starts at 9.00am Monday 3 April 2017 and ends at 11.59pm on Thursday 31 August 2017 (the Promotion Period).

Entrants
6.The Promotion is only open to individual New Zealand residents who are 18 years of age or older and who are not:

a)employees, or immediate family members of employees, of: the Promoter; companies which are related to the Promoter; or agencies associated with this Promotion; or

b)Canon Masters or Canon Ambassadors.

How to enter 
7.Entrants may participate in the Promotion in one of three ways.  Entrants may submit a Follower Entry and or a Next Level Entry. Following submission of a Follower Entry or Next Level Entry, Entrants may Upgrade their Entry.  Each person who submits a valid Entry is referred to in these Terms and Conditions as an Entrant.

8.Each type of Entry gives an Entrant the opportunity to win different prizes as outlined in these Terms and Conditions.  

9.Entrants may submit a Follower Entry by completing the designated online form at canon.co.nz/nextlevel (the Website) and providing their full name and email address.   An Entrant may only submit one Follower Entry.

10.Entrants may submit a Next Level Entry on the Website by:

a)completing the designated form and providing their full name, email address and display name that will be displayed online alongside their Next Level Entry;

b)submitting a description of “your idea for an amazing photograph” using 500 characters or less including what the photograph is, where it would be taken, how it would be taken and why the Entrant wants to take it; and

c)at the Entrant’s option, uploading a photograph illustrating their idea for an amazing photograph. 

Further requirements for Next Level Entries are set in these Terms and Conditions.

11.An Entrant may submit a maximum of five Next Level Entries.  Each Next Level Entry submitted by an Entrant must be substantially different to the other Entries submitted by them.

12.Entrants may upgrade their Follower and or Next Level Entry by signing up for a MyCanon membership (refer to paragraph 59), or by confirming their MyCanon membership when prompted.  Entrants will then receive an Upgrade Entry.  An Entrant can receive only one Upgrade Entry.

Prizes and how winners are chosen
13.Entrants who submit either a Follower Entry and or a Next Level Entry will have the opportunity to win a Spot Prize.

14.Entrants who hold an Upgrade Entry will have the opportunity to win an Upgrade Prize.

15.Entrants who submit a Next Level Entry will have the opportunity to win a Grand Prize and the People’s Choice Prize.

16.The Prizes available to be won and the dates on which they will be drawn and awarded are:

Date

Prizes to be awarded

3 May 2017

Spot Prizes

  1. three Selphy Printer bundles
  2. six $50 Prezzy Cards
  3. six $100 Prezzy Cards
  4. two $200 Macpac Vouchers.

    Upgrade Prizes

  5. two Canon M5 Mirrorless Cameras (with EF-M 15-45 IS STM lens)
  6. two Canon 800D EOS Cameras (with EF-S 18-55 IS STM lens)

2 June 2017

Spot Prizes

  1. three Selphy Printer bundles
  2. seven $50 Prezzy Cards
  3. seven $100 Prezzy Cards
  4. two $200 Macpac Vouchers

    Upgrade Prizes

  5. two Canon M5 Mirrorless Cameras (with EF-M 15-45 IS STM lens)
  6. two Canon 800D EOS Cameras (with EF-S 18-55 IS STM lens)

Grand Prize

  1. $5,000 of Canon camera equipment and the Promoter will spend up to $10,000 realising the Entrant’s idea for an amazing photograph.

3 July 2017

Spot Prizes

  1. three Selphy Printer bundles
  2. six $50 Prezzy Cards
  3. six $100 Prezzy Cards
  4. two $200 Macpac Vouchers

    Upgrade Prizes

  5. Two Canon M5 Mirrorless Cameras (with EF-M 15-45 IS STM lens)
  6. Two Canon 800D EOS Cameras (with EF-S 18-55 IS STM lens)

3 August 2017

Spot Prizes

  1. three Selphy Printer bundles
  2. seven $50 Prezzy Cards
  3. seven $100 Prezzy Cards
  4. two $200 Macpac Vouchers

    Upgrade Prizes

  5. two Canon M5 Mirrorless Cameras (with EF-M 15-45 IS STM lens)
  6. two Canon 800D EOS Cameras (with EF-S 18-55 IS STM lens)

Grand Prize

  1. $5,000 of Canon camera equipment and the Promoter will spend up to $10,000 towards realising the Entrant’s idea for an amazing photograph.

4 September 2017

Spot Prizes

  1. four Selphy Printer bundles
  2. six $50 Prezzy Cards
  3. six $100 Prezzy Cards
  4. two $200 Macpac Vouchers

    Upgrade Prizes

  5. two Canon M5 Mirrorless Cameras (with EF-M 15-45 IS STM Lens)
  6. two Canon 800D EOS Cameras (with EF-S 18-55 IS STM lens)

People’s Choice Prize

  1. one Canon 800D EOS Cameras (with EF-S 18-55 IS STM lens)

Grand Prize

  1. $5,000 of Canon camera equipment and the Promoter will spend up to $10,000 towards realising the Entrant’s idea for an amazing photograph.

Prize winners will be contacted by email and their names announced on the Website within three working days of the awarding of each prize.

Spot Prizes
17.There are 90 Spot Prizes in total to be won.  Spot Prizes will be awarded by random draw on the dates specified in the table in paragraph 16.  Subject to paragraph 19, all Entries received as at 9.00am on the date of each draw will be included in that day’s draw and each subsequent Spot Prize draw.  Spot Prizes will be drawn and awarded in the order as specified for each date.

18.Prezzy Cards and Macpac Vouchers are valid for 12 months from the date of the relevant Spot Prize draw.

19.Only one Spot Prize may be awarded per Entrant.  An Entrant who wins a Spot Prize will be removed from the pool of eligible Entrants for the remainder of that Spot Prize draw and any subsequent Spot Prize draw.  

Upgrade Prizes

20.There are 20 Upgrade Prizes in total to be won.  Upgrade Prizes will be awarded by a random draw on the dates specified in the table in paragraph 16.  Subject to paragraph 21, all Upgrade Entries received as at 9.00am on the date of each draw will be included in that day’s draw and each subsequent Upgrade Entry draw.  Upgrade Prizes will be drawn and awarded in the order as specified for each date.

21.Only one Upgrade Prize may be awarded per Entrant.  An Entrant who wins an Upgrade Prize will be removed from the pool of eligible Entrants for the remainder of that Upgrade Prize draw and any subsequent Upgrade Prize draw.

Grand Prizes
22.There are three Grand Prizes to be won.  Grand Prizes will be awarded on the dates specified in the table in paragraph 16.

23.Each Next Level Entry will be considered by a panel of judges made up of representatives from the Promoter and its creative agency. Grand Prizes will be awarded to the Next Level Entries which in the judge’s opinion best fulfils the Promotion mission of “your idea for an amazing photograph”.  The judges will consider the personal significance of the idea to the Entrant, feeling, creativity, and clarity of vision.  

24.The judges’ decision on the winner of a Grand Prize will be made in their absolute discretion, is final, and no correspondence will be entered into.

25.Each Grand Prize consists of: 

a)$5,000 (five thousand dollars) worth of Canon products (based on the products recommended retail price) to be supplied by the Promoter; and 

b)up to $10,000 (ten thousand dollars) to be spent by the Promoter in realising and facilitating the Entrant’s vision for their idea for an amazing photograph detailed in their Next Level Entry.  The Promoter will incur, on the winning Entrant’s behalf, costs and expenses up to the value of $10,000 on facilitating the Grand Prize winning Entrant’s Next Level photo shoot.  All such expenditure will be discussed and agreed between the Promoter and the winning Entrant.  The Promoter will not apply funds towards personal expenses the Entrant may incur that are not related to executing their Next Level Entry idea.

26.If necessary, the Entrant will be responsible for ensuring they hold all valid documents required for any travel that may be necessary.

People’s Choice Prize
27. There is one People’s Choice Prize to be won.  The People’s Choice Prize will be awarded by random draw on 4 September 2017 from the ten most liked Entries as set out in paragraph 28. 

28. Visitors to the Website will have the opportunity to ‘like’ a Next Level Entry.  The ten Next Level Entries with the most number of ‘likes’ at the end of the Promotion Period will go into a random draw to win the People’s Choice Prize.  Further details of the public voting process are set out in these Terms and Conditions. 

Next Level Entry requirements
29.Any photograph submitted as part of a Next Level Entry must:

a)be in digital form, submitted in JPEG format and be between 1MB - 5MB in size;

b)be the Entrant’s own original work. Next Level Entries must not contain third party images or artworks, substantial branding, substantial street art, or any other third party material that is protected by copyright or other intellectual property rights; and

c)not contain any recognisable person; and

have not:

d)won a prize in another public competition or promotion, or

e)been used commercially.

30.Each description submitted as part of a Next Level Entry must be the Entrant’s own work and must not infringe any third party’s intellectual property rights.

31.Next Level Entrants will have their chosen display name displayed alongside their Entry on the Website.

Moderation

32.All Next Level Entries may be subject to moderation.  The Promoter reserves the right to moderate and to refuse to post or take down at any time any Next Level Entry that it determines at its sole discretion:

a)is or may be: discriminatory, racist, hateful, violent, threatening, abusive, defamatory, libellous, obscene, vulgar, pornographic, profane, indecent, offensive, or unlawful;

b)contains any personal data or information relating to any person;

c)contains or features: nudity, alcohol, drugs, or cigarettes;

d)advertises or is otherwise designed to sell a product or service or increase traffic to any website other than the Website or the Promoter’s official web pages (including its official social media pages); 

e)is otherwise objectionable, or in poor taste; or

f)does not comply with these Terms and Conditions. 

33.The moderation process may take up to three working days (working days being Monday to Friday) to complete and Entrants must allow for this time when submitting Next Level Entries. In limited cases, the Promoter may require additional time but in such cases, the Entrant will be notified. Entrants who submit Entries within three working days of the end of the Promotion Period accept that their Entry may be moderated and that they may not have an opportunity to resubmit their Entry.

Use and display of Next Level Entries

34.Entrants retain any copyright they own in Next Level Entries. By entering the Promotion, each Entrant grants the Promoter an irrevocable license to use any part of their Next Level Entry:

a)on the Website;

b)on the Promoter’s and its related companies (including Canon Australia Pty Ltd) websites and their official social media sites (including but not limited to Facebook, Instagram, YouTube, Twitter and Pinterest);

c)in displays at Promotion promotional events, and capture their Next Level Entry in film footage or photos of such events for subsequent use across any media including but not limited to online and on social media; and

d)in promotional film (which may be used by the Promoter across any media, including online and on social media).

All Entrants also grant the Promoter the right to sublicense the use of their Entry as may be required to achieve the purposes described in this paragraph.

35.Despite paragraph 34, unless and until a Next Level Entry is announced to be a winning Grand Prize winning Entry, an Entrant may withdraw their Next Level Entry from the Promotion.  If an Entrant withdraws their Next Level Entry from the Promotion, that Next Level Entry will not be eligible for any subsequent Prize draw. Grand Prize winners cannot withdraw a Grand Prize winning Next Level Entry from the Promotion.  Entrants who have won an Upgrade Prize and who subsequently withdraws their Entry will be required to return their Upgrade Prize.

36.Entrants may choose to enable "sharing" of their own Next Level Entries to social media sites including but not limited to Facebook, Instagram, Twitter, Pinterest and Google Plus. If the Entrant enables sharing, they consent to other Entrants and visitors sharing their Next Level Entries across social media platforms and such consent cannot be withdrawn.

Grand Prize Winners
37.In addition to paragraph 34, each Grand Prize winner grants the Promoter permission and an irrevocable license to: 

a)use any aspect of their Grand Prize winning Next Level Entry; 

b)photograph and capture film of the Grand Prize winners receiving and taking their Grand Prize; 

c)use all photographs, images and video taken by the Grand Prize winner while taking their Grand Prize; 

d)use the Grand Prize winners likeness, image and/or voice as captured in any photographs or film; and 

e)use all images, video and any other media captured in accordance with paragraph 33,

together, the Content,

for the purpose of promoting the Promoter, the Promotion or future events in any media, including online media such as the Promoter’s official social media pages and website.  The Promoter is not obliged to use the Content.  The Entrant will retain copyright over materials produced by them under paragraph 36(c).  The Promoter may edit the Content prior to publication without seeking the Entrant’s approval. Subject to materials produced by the Entrant under paragraph 36 (c); and paragraph 42, Entrants agree that they do not own any intellectual property rights in the Content.  The Promoter will acknowledge the Entrant as owner of Content materials where appropriate.

38.Grand Prize Winners may be requested, and agree to sign any documentation as and in the form reasonably required by the Promoter or its third party service provider, including, but not limited to, a legal release and indemnity form.

People’s Choice voting procedure
39.Eligible Next Level Entries submitted during the Promotion Period will be displayed as voting eligible Entries on the Website.  During the Promotion Period, members of the public may vote for their favourite Next Level Entry.  Each visitor can vote for as many Next Level Entries as they want, but may only vote once for an Entry.  Entrants may vote for their own Next Level Entry in accordance with these terms and conditions. To cast a vote, members of the public and Entrants must have a valid Facebook account and log in or confirm their Facebook account details when prompted.

40.Entrants must not and must not attempt to obtain votes for their Next Level Entry by any fraudulent or improper means, whether directly or indirectly.  Those means may include, but are not limited to: (i) offering remuneration, compensation, payment, or other inducements to any person; or (ii) using automated functions to submit, solicit, or garner votes.  

41.The Promoter may verify by any means all votes received by an Entrant.  Votes received in breach of these Terms and Conditions will be void.  A Next Level Entry may be disqualified if an Entrant is found to have benefited from votes received in breach of these Terms and Conditions.

Google image indexing
42.The Promoter enables Google image indexing on the Website and Entrants acknowledge and accept that their Entries may appear in Google's image search results.

Further uses
43.If the Promoter wishes to use an Entrant's Next Level Entry for any purpose not specified in these terms and conditions, it will contact the Entrant in order to seek consent and/or negotiate a licence.

Moral rights
44.Entrants consent to any use of their Entries which may otherwise infringe their moral rights under the Copyright Act 1994.  In particular, images submitted with Next Level Entries and images produced by Grand Prize winners may need to be altered for online display such as altering the resolution of an image or cropping for display purposes.

Promoter's Decision
45.The Promoter's decision or exercise of discretion in relation to any aspect of the Promotion is final and no correspondence will be entered into.

46.No responsibility is accepted for late, lost or misdirected Entries.

Claiming Prizes
47.Winners will be notified by email (and phone where provided as part of a MyCanon registration) together with instructions on how to claim their Prize. Winners must accept the Prize in writing in the manner set out in the Promoter’s email.

48.If a winner does not claim their Prize as specified in the email described in paragraph 46; or if they cannot be contacted; or cannot provide suitable proof as to eligibility, personal identity or compliance with these Terms and Conditions, they will forfeit the Prize in its entirety. Prizes, or any unused portion of a Prize, are not exchangeable, transferrable, and cannot be replaced by or exchanged for money.  Any forfeited Prize will be redrawn.  The Promoter reserves the right at its sole discretion to substitute a Prize with one of greater value.

Entrant warranties and indemnity

49.Each Entrant warrants to the Promoter that:

a)they have complied with the Entry requirements;

b)no Entry submitted by them will contain viruses or cause injury or harm to any person or entity; and

c)they have and 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.

Liability

50.Each Entrant indemnifies the Promoter against all costs and claims in connection with a failure by them to comply with these Terms and Conditions.

51.Each Entrant is fully responsible for each Entry they submit, and is fully responsible for any equipment, materials, licences or other costs required for or associated with each such Entry. To the fullest extent permitted by law, the Promoter excludes any liability for such Entries or any costs incurred by the Entrant relating to such Entries.

Other conditions that may disqualify Entrants or impact the Promotion

52.The Promoter reserves the right to reject, disqualify, remove from the Website or the Promotion or moderate any Entry that it determines, in its sole discretion, does not meet the eligibility criteria set out in these Terms and Conditions.

53.If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated by the Promoter, including but not limited to technical difficulties, unauthorised intervention, fraud, or non-compliance with these Terms and Conditions, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Entry and / or Entrant; or (b) to modify, suspend, terminate, or cancel the Promotion, as appropriate.

54.The Promoter reserves the right to disqualify any Entrant it finds to be tampering with the Entry process or the operation of the Promotion or to be acting in violation of these Terms and Conditions.  Entries will be disqualified where they are found to be generated by automated or improper means or otherwise made in a manner which subverts the participation and entry process.

55.Any winning Entry that does not comply with these Terms and Conditions may be disqualified and the Promoter will continue the draw as if that Entry had not been drawn.

56.Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

57.The Promoter uses a commercially reasonable level of skill and care in providing the Website and running the Promotion. However, as with any digital service, the Promoter cannot guarantee that the Website will be live or error free all the time.

Privacy
58.The Promoter collects personal information and email addresses in connection with the Promotion in order to conduct and promote the Promotion, including via emails and online, to Entrants. The Promoter may also disclose such personal information to third party service providers, such as marketing and creative agencies and technology providers, for these purposes. Entrants consent to such uses and disclosures. Entry into the Promotion is conditional on providing such personal information.

59.Personal information collected by the Promoter in connection with this Promotion will be managed in accordance with these Terms and Conditions and the Promoter’s Privacy Notice and Privacy Policy (available at canon.co.nz/privacy-notice and canon.co.nz/privacy-policy), which contains information about access, correction and complaint processes.

60.If an Entrant Upgrades their Entry by signing up to MyCanon, their full name and email address will be collected by the Promoter for the purpose of sending news and marketing communications (not related to the Promotion) to the Entrant. Signing up to MyCanon is free, and Entrants can choose to delete their MyCanon account at any time.  Entrants who delete their MyCanon account during the term of the Promotion will not be eligible for an Upgrade Prize.

Liability
61.Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993 ("Non-Excludable Guarantees").

62.Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability 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 this Promotion including (but not limited to) out of: (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 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 an entrant; (f) use of any Prize; or (g) any decision of or discretion exercised by the Promoter in relation to the Promotion.

Miscellaneous

63.RRP’s stated in these Terms and Conditions are accurate as at 1 April 2017.

64.This Promotion is in no way sponsored by or affiliated with YouTube, Google, Facebook, Twitter, Pinterest or Instagram.

65.If any provision of these Terms and Conditions is unenforceable for any reason, such provision shall be severed from these Terms and Conditions and the remaining Terms and Conditions will remain in full force and effect.

66.These Terms and Conditions and the Promotion are governed by the laws of New Zealand.  The Entrants submit to the exclusive jurisdiction of the courts of New Zealand over any matter arising out of the Promotion and these Terms and Conditions.