ARTICLE 1: COMPETITION ORGANISER, DATES AND THEME

NIKON UK, Branch of Nikon Europe BV, whose registered address is at 1, The Crescent, Surbiton, KT6 4BN, United Kingdom (hereinafter “the Organiser”), is organising a photo competition in collaboration with contracted influencers (hereinafter “Z creators”) or Ambassadors. The Competition is free to enter and there is no obligation to make any purchases.

The Competition will be held with contracted Z creators or Ambassadors for a duration of two weeks, commencing on 27/07/2021 and ending on 10/08/2021. Photo themes will be set in line with the Z creator or Ambassador’s specialty and aligned with the separate, ongoing #CreateYourLight campaign. To enter the Competition participants need to share a photo on Instagram that complies with the theme of Urban and Street Photography and fulfills stated requirements. These requirements include ‘Liking’ the Z creator’s or Ambassador’s Competition post, following both Nikon Europe’s Instagram account (@nikoneurope) and the host Z creator’s or Ambassador’s account, tagging another user, and using provided Competition hashtags when posting entries.

ARTICLE 2: SCOPE

2.1 By entering the Competition, each participant will be deemed to have accepted and be bound by these terms and conditions.

2.2 The Competition is open to any private individual residing in the United Kingdom and the Republic of Ireland. All persons having taken part in the organisation of the Competition, either directly or indirectly, are excluded from taking part in the Competition or from winning a prize. This includes, in particular, NIKON staff, and all other NIKON partners linked to the operation.

2.3 Participants must be 18 years or older.

2.4 To enter the Competition participants need to share a photo on Instagram that complies with the set theme and fulfills stated requirements. These requirements include ‘Liking’ the Z creator’s or Ambassador’s Competition post, following both Nikon Europe’s Instagram account (@nikoneurope) and the host Z creator’s or Ambassador’s account, tagging another user, and using provided Competition hashtags when posting entries. The host Z creator or Ambassador will announce the Competition on his/her Instagram account.

2.5 The time registered by the social media platform (i.e. Instagram) running the Competition shall be decisive in determining the time of submission. No other method of participation (including, but not limited to, postal applications) is valid and will not be acknowledged.

2.6 This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or Twitter. Instagram, Facebook and Twitter shall not be liable for any loss, damage or liability caused by matters relating to this prize draw.

ARTICLE 3: PARTICIPATION IN THE COMPETITION

3.1 Each participant will be identified by his or her Instagram account by the Promoter. The participant must share a photo, which fulfils the challenge and requirements of the Competition. Any photo that does not meet these conditions shall be excluded from the Competition.

3.2 By submitting a photo into the Competition, each participant warrants and represents that (a) the photo is original and does not infringe the rights of any third party, including, but not limited to, portrait rights, privacy, copyright and other intellectual property rights. To this end, the participant shall ensure that he or she has authorisation from any third parties who contributed either directly or indirectly to its creation and/or who may consider that they have a right upon which they may wish to rely, in particular, image rights, and shall assume responsibility for any payments that may result therefrom; (b) the participant is free to enter into and fully perform its rights under these terms and conditions and has not entered into any other arrangement, agreement or commitment which could affect its obligations hereunder; (c) the participant has not previously submitted the photo into a competition or been awarded any award in relation to the photo. The Participant shall indemnify, hold harmless, and defend (including reasonable attorney fees) the Organisers from and against any and all damages, costs, claims, arising out of or in connection with a breach of this clause 3.2.

3.3 By submitting a photo into the Competition, the participant irrevocably grants the Organiser a non-exclusive, sub-licensable, transferable, royalty-free, licence for a period of two years commencing on the last date on which a competition winner is announced to use the photo throughout the world for the purpose of advertising and promotional activities, including the right to reproduce, edit, adapt and publish the photo as the Organiser sees fit, including the right to publish it on a website and pages on social networking sites, where it may remain in perpetuity.

3.4 The participant agrees to refrain from undertaking or attempting to undertake any action in relation to their participation of the Competition that does not strictly conform to the principles of the Competition and these terms and conditions. The Organiser and Z creator or Ambassador reserve the right to perform any checks that may be required to verify the participant’s compliance with these terms and conditions.

3.5 The Organiser and Z creator or Ambassador reserve the right to disqualify any participant who interferes with the operation of the Competition or who breaches these terms and conditions. The Organiser and Z creator or Ambassador reserve the right to bring a claim against any person attempting to defraud or harm the proper operation of the Competition.

3.6 The Organiser reserves the right to prolong, shorten, modify or cancel the present Competition for reasons that are not within its control. Thus, if this Competition does not take place as planned, for any reason whatsoever, e.g. following a computer virus, bug, intervention, or an external and unauthorised intrusion on the computer system, fraud, including the use of a robot allowing multiple registrations for the Competition, a technical fault or any other reason beyond the control of the Organiser that corrupts or affects the management, security, fairness and proper operation of the Competition, the Organiser reserves the right, at its discretion, to cancel, modify or suspend the Competition or further to end it without delay, without being held liable to any of the participants by virtue of this fact.

3.7 The Organiser and Z creator or Ambassador reserves the right to cancel the Competition, or reject an entry, if it appears that fraud has occurred in any form whatsoever, in particular IT fraud associated with participation in the Competition or in the selection of the winners.

3.8 The participant undertakes to ensure that all content (including the submitted photo and any other messages) submitted by them or posted on Twitter or Instagram as part of the competition does not in any way violate any applicable rules, laws or regulations and, more particularly (without limitation):
- respects public order and is not contrary to good morals;
- respects the intellectual property rights of third parties;
- does not infringe the portrait rights of any individual;
- does not damage the reputation, private life or image of third parties;
- does not contain derogatory, defamatory, aggressive or insulting statements;
- is not of a paedophilic nature;
- does not shock minors;
- is not of a pornographic nature;
- does not harm the security or integrity of a State or of a territory;
- does not incite discrimination, whether based on sex, religion, nationality, disability, sexual orientation, age or political opinions;
- does not incite crime, hatred, violence, suicide or racism;
- does not incite people to commit crime, offences or acts of terrorism;
- does not use registered trademarks.
This list is not exhaustive.

3.9 The Organiser and Z creator or Ambassador reserves the right to refuse to publish or to withdraw and/or remove any material from its Instagram feed, without having to justify its decision and without delay or prior notification, all content (photos and/or messages) that in its opinion may breach clause 3.8 or otherwise harm the Competition or the reputation of the Organiser.

ARTICLE 4: AGREEMENT ON EVIDENCE

It is agreed that the data contained in the Organiser’s information systems have probative value regarding the connections and information resulting from computer processing relating to the competition organised by the Organiser.

ARTICLE 5: PRIZES AND SELECTION OF WINNER

5.1 There will be one winner per Competition, awarded by the host Z creator or Ambassador and the Organiser. The prize will be arranged by the Organiser. The prize is a Nikon Z _____ with an RRP of _____ GBP. The host Z creator or Ambassador will also specify which prize is available on their Competition post on Instagram.

The Organiser reserves the right to change or otherwise amend the prize on grounds of reasonableness and fairness.

The prizes are as stated above, and are not transferable to another individual and no cash or other alternatives will be offered.

5.2 The winning photo shall be decided by the host Z creator or Ambassador and a Nikon representative.

The decisions of the host Z creator, Ambassador, and the Organiser shall be made principally on the basis of skill, not chance.
The following criteria are:
- the pertinence of the image to the Competition theme;
- the quality of the photography and
- the technical quality
The Organiser reserves the right to reject the decision if the image does not comply with any of the criteria outlined in 3.8.

ARTICLE 6: TAKING POSSESSION OF THE PRIZES

The announcement of the winner shall be made by via the Z creator’s or Ambassador’s Instagram account within two weeks of the closing date and the winners shall also be informed by PM through the platform. Each winner will be asked to supply their postage and contact details.

The Organiser shall liaise with the Z creator or Ambassador in how the prize shall be handed over to the winner.
If the Z creator or Ambassador does not receive a response from the winner of a prize within five days of being notified, the Z creator or Ambassador reserves the right, within its sole discretion, to deem the prize as unaccepted and to offer the prize to an additional entrant.

In the event the winner is unable to accept the prize, in whole or in part, for any reason whatsoever he or she will lose the benefit thereof without the possibility of compensation. A new choice will then be made amongst the other participants. If you win, the Z creator or Ambassador and Organiser may verify that you were eligible to participate in the Competition before delivering your prize.

The prizes offered are nominative and non-transferable. The prizes may not at the request of a winner be exchanged for a cash equivalent, nor an exchange of any nature whatsoever, nor may they be replaced by a prize of equivalent nature.

The participant, where applicable, is responsible for any costs, taxes, duties or levies incurred as a result of winning the Competition in his or her country of residence in the Territory. The participant hereby unconditionally accepts to bear any such tax, duty or other levy on behalf of participant and/or an accompanying guest. The participant shall indemnify, hold harmless, and defend (including reasonable attorney fees) the Organiser from and against any and all costs, taxes, duties, levies and penalties imposed on the Organiser in connection with the participant winning the Competition.

ARTICLE 7: DISPUTES

Participating in this Competition implies total acceptance of these rules.

These terms and conditions as well as the Competition shall be governed by the laws of the United Kingdom, and shall have exclusive jurisdiction over any dispute (including any non-contractual disputes) arising out of or in connection with these terms and conditions.

If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions of these terms and conditions will remain in full force and effect to the fullest extent permitted by law.

No claim of any sort may be brought concerning all or part of the Competition after a period of two months, commencing at the end of the Competition.

ARTICLE 8: DATA PROTECTION

The Organiser shall process any personal data which it obtains from the participants in accordance with the EU Regulation 2016/679.

Personal Data shall be processed for the purpose of running this Competition as well as awarding and arranging the prizes. Consequently, it may be necessary to transfer Personal Data to the Organiser’s affiliates and or partners for the said purpose.

The Organiser and Z creator or Ambassador reserve the right to publish the full name of the winner on their Instagram pages.

By entering the Competition you agree that your name, image, biography (including country), likeness or any other relevant information may be used by the Organiser for unpaid promotional related publicity (including photographic shots and interviews).

To the extent required by any mandatory law, by accepting these terms and conditions, participants shall consent to the processing of Personal Data as set out herein.

Participants have a right of access, modification, rectification and deletion of the data that concerns them. The participants may exercise this right by writing to: NIKON UK, Branch of Nikon Europe BV, 1, The Crescent, Surbiton, KT6 4BN, United Kingdom.

For additional information please see our privacy notice here.

ARTICLE 9: LIABILITY

Except in the case of gross negligence or wilful misconduct, the Organiser shall not be liable for any damages whatsoever whether suffered or claimed by the participants in connection with the Competition. The liability of the Organiser is strictly limited to the value of the prize pursuant to clause 5 that has been effectively and validly won, subject further to the terms and conditions set out herein.

The Organiser shall not be held liable for any problems related to the Internet itself or for any intrusion, attempted intrusion or fraud leading to failures in the administration, security, fairness, integrity or management of the challenge. In particular, the Organiser shall not be liable for any errors, omissions, interruptions, deletions or loss of any electronic mail, and more generally, the loss of any data as a result of this.

The Organiser shall not be held liable for heavy Internet traffic, the quality of the users’ equipment, or for the quality of their Internet access, which may have repercussions for the response speed or the connection time required to participate in the Competition.

Nikon UK, Branch of Nikon Europe BV, 2021. All Rights Reserved.