Canon Oceania’s The Circle Program Terms and Conditions of Use

Application of Terms

1. All participation in Canon Oceania‘s The Circle Program (Program) is governed by these terms and conditions (Terms). By entering into the Program as set out in clause 8, You agree to be bound by these Terms.

2. Information about, and any further criteria for participation in the Program published by Canon including Canon’s Community Guidelines (available at https://www.canon.com.au/get-inspired/the-circle/sign-up/community-guidelines for Australian residents and https://www.canon.co.nz/get-inspired/the-circle/sign-up/community-guidelines for New Zealand residents), forms part of these Terms.

3. These Terms are effective from the date of publication shown above and may be amended by Canon from time to time.

4. Canon will inform all participants of any changes to these Terms, and Your continued participation in the Program will be deemed acceptance of the amended Terms.

5. You may leave the Program at any time by leaving Canon’s server on Discord.

Definitions

(a) “Canon”, “Canon Oceania”, “Promoter”, “We” “Our” or “Us” means Canon Australia Pty Limited (ABN 66 005 002 951) and Canon New Zealand Limited (NZBN 9429039039811).
(b) “You” or “Your” means the person entering into these Terms to participate in the Program and all its related activities.
(c) “Event” means any in-person or virtual activity or function held in relation to this Program.

Eligibility

7. Participation in this Program is only open to individual Australian and New Zealand residents aged 18 and above who have:

(a) Submitted their details to Us via the Program Expression of Interest form on Canon Australia or Canon New Zealand’s website; and
(b) received an email invitation from Canon to participate in the Program.

8. To enter the Program, You must:

(a) click the link in Our email invitation, accept the Terms and sign up to our marketing communications. You can opt-out of our marketing communications at any time; and
(b) follow the link provided by Us to our server on the Discord application. If you do not already have a Discord account, You will be required to set up an account before joining Our server.

Events

9. We may organise in-person and virtual Events held which will be announced by Us on Discord. You must comply with any instructions or requirements published by Canon and Discord in relation to these Events (Event Terms), and they will form part of these Terms.

10. We reserve the right to decline or remove You from an Event activity for any reason, including if Your conduct or condition is deemed to pose a risk or nuisance to others or to Yourself.

11. We may take photographs or capture film of You at an Event. Please notify Us or the Event leader/s if You do not wish to be photographed or filmed. Except where You notify Us or the Event leader/s that You do not wish to be photographed or filmed, You consent to Us using Your likeness, image and/or voice as captured in any photographs or film (Event Images) for the purpose of promoting Us, the Event or future Events in any media, including online media such as Canon’s official social media pages and website.

12. We are not obliged to use the Event Images, and We may edit the Event Images prior to publication without seeking Your approval. We are not required to acknowledge You when using the Event Images, and You do not own any intellectual property rights in the Event Images.

Your Content

13. You may share creative content with Us or other Participants during the Program or any Events.

14. From time to time, We may wish to use content that You have shared during the Program (Your Content) including but not limited to community discussion and online activities on the community Discord channel for internal use and for promotion via Our social media channels and websites.

15. Before We use Your Content, We will ask You to confirm that you own the content and for Your consent for us to use the content.

16. If You consent to Us using Your content, You must send Your content to Us by email to the email address provided and in the specifications that We have requested. You will retain any copyright that You own in Your content and Your Discord username will be attributed as the creator of Your Content. You acknowledge that this will be sufficient attribution unless You request Us to use Your legal name at the time that You providing us with your consent to publish Your Content.

17. You indemnify us against any costs, loss, damage or liability caused or attributable to Your breach of the Terms.

Moderation

(a) You do not comply with these Terms (including Our Community Guidelines or Event Terms) or the Discord Terms, or are no longer eligible for the Program under these Terms;
(b) You are not active in Our server for a prolonged period of time;
(c) Your conduct or activity is deemed by Canon (in our sole discretion) to be a risk or nuisance to others or another Participant; or
(d) You mute or opt-out of Our operational emails or messages on Discord.

19. Canon will appoint mentors and moderators and for the Program from time to time to facilitate community engagement, events and content (Mentors). Mentors are not Our employees and We are not responsible and will not be liable for any acts or advice provided by the Mentors.

Discord

20. The Program will be hosted on the Discord application. You must comply with Discord’s terms at https://discord.com/terms and their Community Guidelines at https://discord.com/guidelines (together, the Discord Terms) in addition to these Terms.

21. This Program is in no way endorsed, sponsored or affiliated with Discord. Each Participant agrees to indemnify Discord and Canon against all costs and claims arising in connection with a failure to comply with these Terms or the Discord Terms.

Privacy and Data

22. The Promoter collects personal information in connection with this Program in order to conduct the Program. Participation is conditional on providing this information.

23. You warrant to Us that all information You supply to Us in connection with Your application and the Program is true and correct.

24. Personal information collected by the Promoter in connection with this Promotion will be managed in accordance with its Privacy Policy (available at www.canon.com.au/privacy-policy for Australian residents and http://www.canon.co.nz/privacy-policy for New Zealand residents), which contains information about access, correction and complaint processes.

General

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

26. The failure by Canon to enforce any of its rights at any stage does not constitute a waiver of those rights.

27. We may at any time terminate the Program without notice to the Participants, and We do not have any obligation to keep any content, communications or information relating to the Program or to make it available to any Participants after the Program has been terminated.

28. For residents in Australia, these Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales about any proceedings in connection with the Program or these Terms.