The Emoji Movie – Create To Win Competition (December 2017)

The Emoji Movie – Create To Win Competition (December 2017)

1. The Emoji Movie – Create To Win Competition (the “Promotion”) is conducted by Universal Sony Pictures Home Entertainment Australia Pty Limited ABN 39 152 425 735 of Level 30, 1 Market Street, Sydney, NSW 2000 (together with its successors and assigns, the “Promoter”).
2. Entry to the Promotion constitutes acceptance of these Terms of Entry. By entering the Promotion, entrants (“Entrants”) accept and acknowledge full responsibility for their decision to participate in the Promotion and to take a prize if they are a winner.
3. All Promotion instructions and prize information published by the Promoter form part of these Terms of Entry.
Eligibility to Enter
4. The Promotion is open to all legal residents of Australia aged 18 years or over (“Entrant”). The Promoter reserves the right to request any Entrant to provide documentary evidence confirming his/her age. Employees and immediate families of the Promoter and the Promoter’s associated companies and agents and the immediate families of such employees are not eligible to enter the Promotion.
5. The Promotion commences at 09:00AM (AEST) on Monday 11 December 2017, and ends at 23:59PM (AEST) on Sunday 14th January 2018 (“Promotion Period”). The Promoter’s clock will be the official time-keeper for the purpose of determining the start and end of the Promotion Period. Late entries which are received by the Promoter outside the Promotion Period will not be accepted.
6. The Promotion is a game of skill and chance plays no part in determining a winner. The Entries will be judged on the basis of creativity, originality, composition and execution as outlined in the “Judging Section” below.
How to Enter
7. This Promotion is in no way sponsored, endorsed or administered by or associated with Instagram. You acknowledge that all information and material that you submit to enter this Promotion is submitted to the Promoter and not Instagram and you agree that Instagram shall not be liable to you in any way in respect of this Promotion.
8. Entrance to the Promotion is only via Instagram:
To submit a valid entry (“Entry”) into this Promotion, Entrants must within the Promotion Period:
a) sign into their Instagram account (or if the Entrant is not already a member of Instagram, then they must become a member of Instagram for free and sign into their Instagram account);Note: Entries made via accounts deemed to be “fake” or commercial/”giveaway” accounts (as determined by the Promoter in its sole and absolute discretion) may be disqualified from the Promotion.
b) Create an original image or video in accordance with the Entry Guidelines (as defined below) that captures your food creation inspired by The Emoji Movie.

c) upload their Image/Video to their Instagram account;

d) set their Instagram account settings to “public” mode; and

e) add the following tag(s): #EmojiAU and @viewinglounge.
Note: if your Instagram account is set to “public” mode your posts will become visible and anyone will be able to follow you on your account. Please do not submit an Entry if you do not agree to set your Instagram account to “public” mode.
The Promoter reserves the right to waive any of the above requirements 8(a)-(e) in its sole discretion and accept an Entry to the Promotion despite an Entry not meeting all the requirements for an Entry.
Entry Guidelines
9. There is no limit on the number of Entries that an Entrant can submit, subject to the following:
a) there may only be one (1) Entrant per Entry submitted regardless of the number of persons who may have contributed to the creation of the Entry, (including the Image/Video);
b) upon being determined to be a winner in respect of one Entry, any remaining Entries submitted by that Entrant will no longer be eligible to win any other prizes available in the Promotion;
c) each Entry must consist of a new and original Image/Video and must be submitted in accordance with these Terms of Entry.
In the event of any dispute as to the ownership of an Entry the authorised account holder of the Instagram account used to enter the Promotion will be deemed to be the Entrant.
10. Entries and Image/Video must comply with the following guidelines (“Entry Guidelines”):
a) Videos must be in English and of no longer than one (1) minutes in length.
b) Image/Video must not refer to public figures, contain materials embodying the name(s), likeness(es), photograph(s), and /or contain other identifying element(s) of any person(s) (living or deceased) other than with the prior written permission of the relevant person.
c) Image/Video must be the original creation of the Entrant, not previously published, and not previously submitted in any other promotion or for commercial purposes. Modification, alteration or enhancement of a third party’s images or videos does not qualify as an original creation.
d) Entries must not be:
i. delayed;
ii. incomplete;
iii. incomprehensible; or
iv. otherwise contrary to these Terms of Entry.
e) Image/Video must not contain any Prohibited Content as defined in clause 17 below.
Intellectual Property
11. An Entry (including the Image/Video) must not infringe any third-party rights including (for example, and without limitation) any copyrights, moral rights, trade marks, logos, or products featuring such trade marks, logos, or images that have been created and published by others such as on websites, television, films or media outlets.
12. By entering the Promotion, the Entrant warrants to the Promoter that their Entry is an original work that does not infringe any third party rights pursuant to clause 11 above. A breach of the warranty set out in this condition will result in the Entrant’s Entry being invalid. In addition, each Entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that Entrant’s breach of the warranty set out in this condition.

13. Each Image/Video submitted as an Entry or part of an Entry (“Work”) becomes the property of the Promoter. Work(s) will not be returned to any Entrant. By submitting a Work, Entrants grant the Promoter a non-exclusive, perpetual, irrevocable, royalty-free, unrestricted, worldwide license to host, cache, store, maintain, use, reproduce, distribute, publicly display, copy, change, re-title, exhibit, publicly perform, publish, broadcast, transmit, modify, supplement, enhance, excerpt, extract, prepare unlimited derivative works of, adapt, reformat, translate, grant unlimited, multiple-level sublicenses and otherwise exploit, all or any portion of Work(s), in the Promoter’s sole discretion, in any form or format now known or hereafter devised, on or through any media or medium now known or hereafter devised, including, without limitation, print, motion picture, television, DVD™, Blu-ray™, electronic sell-through or via the Internet, and with any technology or devices now known or hereafter developed or discovered, in whole or in part, in any and all languages, for any purpose whatsoever, including any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose without accounting, notification or other obligation to the Entrant, whether financial, credit, approval of changes or otherwise, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to the Promoter, in the Promoter’s sole discretion. In addition, Entrants agree that the Promoter shall have the sole discretion in determining the extent and manner of the use of Work(s), and all elements thereof, in whole or in part, and that the Promoter is not obligated in any way to use or exploit same or anything else granted herein or any portion thereof in any medium or any manner. In addition, Entrants consent to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the entrant’s moral rights.
Entrants agree that Works will be treated as non-confidential and non-proprietary and that neither the Promoter nor its agents shall be responsible for return or preservation of Works submitted or any elements thereof. Entrants also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of Works or Entries or other information may not be secure, and Entrants should consider this before submitting any information to the Promoter.
14. The Promoter will judge the Entries and determine the one (1) Major Prize winner and the five (5) Minor Prize winners on the basis of creativity, originality, composition and execution (“Judging”). The Judging will take place on Thursday 18th January 2018 AEST at the Promoter’s offices located at Level 30, 1 Market Street, Sydney NSW 2000.
15. The Entry to the Promotion determined to be the most creative and original and have the best composition and execution of all valid Entries received, as judged by the Promoter in its sole discretion, will be determined as the winner of the Major Prize, with the next five (5

) most creative and original Entries with the best composition and execution (as determined by the Promoter in its sole discretion) will each be awarded one (1) Minor Prize .
16. The Promoter’s decision is final and the Promoter will not respond to any correspondence related to the decision.
Prohibited Content
17. Entries must not contain content that is (without limitation): a) Unlawful; b) Obscene; c) Defamatory; ; d) Threatening; e) Pornographic or sexually explicit; f) Harassing; )g) Hateful; h) Racially or ethnically offensive; i) Capable of encouraging conduct that would be considered dangerous, violent, or a criminal offence; j) Capable of violating any law; and/or k) Capable of giving rise to civil liability (collectively, “Prohibited Content”).
Award of Prizes
18. There is no limit on Entries per Entrant but each Entrant, if determined to be a winner, may only be awarded one (1) prize.
19. A total of four (4) prizes are available to be won comprising of the following with the approximate retail values (ARVs) indicated in Australian dollars beside each prize below:
a) ONE MAJOR PRIZE WINNER WILL RECEIVE: Sony Xperia XZ Mobile Phone (Value $699), The Emoji Movie – Posable Light Up Figure (Figure may be varied from what is pictured) (Value $29.95), 12 x The Emoji Movie Bag Chains (Value $119.40) & The Emoji Movie DVD $39.95 (“Major Prize”).
b) FIVE MINOR PRIZE WINNERS WILL RECEIVE: The Emoji Movie – Posable Light Up Figure (Figure may be varied from what is pictured) (Value $29.95), 12 x The Emoji Movie Bag Chains (Value $119.40) & The Emoji Movie DVD $39.95 (“Minor Prize”).
The total prize pool is valued at (ARV) $1,834.80. Prizes are not transferable or exchangeable and cannot be taken as cash. Prizes cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party.
20. The Promoter reserves the right to substitute, in its sole discretion, any prize or component of any prize with another prize or component of equal or greater value.
21. Unless expressly stated within these Terms of Entry regarding a prize, all other expenses (including any applicable taxes) become the responsibility of the winner.
Notification of Winners
22. The winners will be contacted by direct message on Instagram via the Instagram account through which the Entry was submitted. It is the responsibility of each Entrant to ensure that they continue to maintain the correct details for and have access to and to monitor their Instagram account used to submit the Entry.
23. If a winner is unable to be contacted or does not claim their Prize within 120 hours of being notified in accordance with clause 22 above, their Prize may be forfeited, at the Promoter’s sole discretion. In the event that for any reason a Prize winner does not take the whole or part of a Prize within the time stipulated by the Promoter then that whole or part of the Prize may be forfeited by the Prize winner, at the Promoter’s sole discretion. Neither cash nor other form of compensation will be supplied in lieu of the forfeited whole or part of the Prize.24. The Promoter reserves the right to disqualify any Entry or Entrant (including a winning Entry) if that Entry or Entrant is found by the Promoter, in its sole discretion, to have not complied with these Terms of Entry or to have tampered with these Terms of Entry and/or been fraudulent, or otherwise unlawful.
25. If for any reason this Promotion is not capable of running as planned, whether caused by infection by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant regulatory authority), to cancel, terminate, modify or suspend the Promotion.
26. The Promoter reserves the right to close the Promotion earlier than advertised and the winners will be determined by Judging the Entries received prior to that time.
Publicity and Privacy
30. By submitting an Entry to the Promotion, Entrants consent to the Promoter and its agents using the Entrant’s name (and any other images or information (including personal information as defined in the Privacy Act 1988 (Cth) (“Personal Information”)) as submitted with the Entry for the purposes of advertising without additional compensation, notification or permission.
31. The Personal Information that Entrants provide in connection with the Promotion will be collected, stored and used in accordance with the Promoter’s Privacy Policy, located at The Promoter may disclose personal information to entities located outside Australia, including the United States of America. The Promoter’s privacy policy contains information about how to access and correct information held about you, how to make a complaint about a potential breach of privacy and how the Promoter will deal with such a complaint.
32. Limitation of Liability and Release. Entrants agree to release, discharge, indemnify and hold harmless the Promoter, and each of their respective officers, directors, employees, representatives and agents (the “Indemnified Parties”) from and against any claims made by the winner, Entrants, or any other third parties, related in any way to the operation of this Promotion as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any Promotion-related activity or participation in this Promotion.
33. Nothing in these Terms of Entry excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms of Entry would contravene any statute or cause any part of these Terms of Entry to be void. (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Indemnified Parties are not responsible for and exclude all liability whether arising in tort (including, without limitation, negligence), contract or otherwise in respect of: (1) incorrect or inaccurate information, whether caused by Entrants, publishing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of Entries; or (5) any other loss or damage (including, without limitation, loss of opportunity or loss of profits) whether direct, indirect, special or consequential arising in any way out of the Promotion, including (without limitation) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant’s participation in the Promotion or receipt or use or misuse of a prize (if determined a winner).
All and any disputes, issues, claims, and causes of action arising out of, or in connection with, the Promotion or a prize awarded shall be governed under the laws of the State of New South Wales and subject to the Courts of the State of New South Wales.