CONDITIONS OF ENTRY
1. Participation in this competition is deemed acceptance of these Conditions of Entry. Acceptance of these Conditions of Entry is a condition of entry to this competition.
2. Entry to this competition commences at the time to which the newsletter containing the competition was published and closes at the time specified in the newsletter containing the competition (Entry Period).
3. Entry to this competition is open to Australian residents within participating My Smart Garden municipalities. Employees associated with My Smart Garden (Promoter) and the Promoter's suppliers and agencies associated with this Promotion (and those employees’ immediate families) are ineligible.
4. To enter the competition entrants must visit the My Smart Garden newsletter and register as an entrant by uploading a photograph of their garden, on Instagram with the tag (“@mysmartgarden”) and the competition hashtag (disclosed at the competition’s commencement) or by email to My Smart Garden (contactus@mysmartgarden.org.au).
5. Entrants may only enter a photograph of their garden. Entrants must own the copyright of the photograph uploaded or otherwise be entitled to use the photograph in this way.
6. Entrants warrant and agree that, without limitation:
a. they will not submit any material (including without limitation, the entry itself, images, answers to questions, posts or comments and whether on Instagram or elsewhere in relation to this competition or any entrant or entry) (Content) that is unlawful or fraudulent or that may be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, not suitable for children under 15, or otherwise unsuitable for publication in the context of this competition;
b. they will only submit Content which they have personally created or have the right to submit;
c. their entry will not contain viruses or cause injury or harm to any person or entity;
d. they will comply with these Conditions of Entry and 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;
e. they have the full authority to grant to the Promoter the rights referred to in these Conditions of Entry; and
f. they will indemnify the Promoter against all costs and claims by third parties arising from a breach of the warranties contained in these Conditions of Entry.
7. Entrants agree:
a. they are fully responsible for the Content which they submit. The Promoter may, in its sole discretion, determine whether an entry will be posted, or remain posted on its websites. The Promoter reserves the right to vet or remove any Content at any time in its absolute discretion. However, The Promoter is not responsible for any Content uploaded to the site and visitors to the site view it at their own risk. Notwithstanding any decision by the Promoter to post Content on its website, the terms and warranties set out in these Conditions of Entry continue to apply;
b. to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against the Promoter with respect to the entries they submit and their use of the Promotion Instagram Page and other publications, and agree to indemnify and hold the Promoter, its officers, agents and affiliates harmless to the fullest extent allowed by law regarding all matters related to their use of the site;
c. to report abuse, harassment, inappropriate content or privacy complaints by emailing contactus@mysmartgarden.org.au.
d. The Promoter reserves the right to remove any Content from the Promotion Instagram Page and other publications and invalidate any associated entry without prior notice in its sole discretion, including if properly notified that such material infringes on another's intellectual property rights.
8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants. The Promoter has the right to invalidate any entry which it considers to be in breach of these Conditions of Entry. Promoter’s decision in relation to all aspects of the promotion is final and no correspondence will be entered into.
SELECTING THE SHORTLIST AND WINNERS
1. The winner will be announced in the My Smart Garden Newsletter published directly after the newsletter announcing the competition. Entrants may be asked to give permission to the Promoter to use their entry Content for the promotion of the My Smart Garden competition during the competition and in relation to the announcement and publicity of winners.
2. The decision of the Promoter will be final in determining the winner of the Competition. This will include, but not be limited to, in the event of a tie or draw, determining at its discretion which entrant shall be declared the winner.
3. The winners will be announced in the My Smart Garden Newsletter published directly after the newsletter announcing the competition. All winners will be notified individually by email or through Instagram using details provided in when entering the competition.
