General
1.1.  This photography competition is conducted by INK and Pixel Media PTY LTD (ACN 638 969 043) (“the Promoter”).
1.2.  Information on how to enter and on prizes form part of the Terms and Conditions. Entry into this competition deems acceptance of these Terms and Conditions.
1.3.  To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
1.4.  This is a non-acquisitive photography competition governed by these Terms and Conditions. All instructions relating to the competition on this website (www.surfinglife.com.au) also form part of the Terms and Conditions.
1.5.  The Promoter reserves the right to amend these Terms and Conditions. The Promoter may also cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.

Who can enter?
2.1.  Surfing Life Photo of the Year is open to any persons residing within Australia or any person living outside of Australia with Australian citizenship.
2.2.  Surfing Life Photo of the Year is open to professional photographers, amateurs and enthusiasts.
2.3.  There is no age limit on entering Surfing Life Photo of the Year. For participants under 18 years of age, a parent or guardian consent is required. The consenting guardian is then bound by these Terms and Conditions.

How to enter
3.1.  Entries will be accepted from the 1st of April, 2020 to the 1st of May, 2020. No entries will be accepted after 11.59 pm on the 1st of May, 2020.
3.2.  Entrants must follow the instructions provided online at www.surfinglife.com.au
3.3.  You can enter up to 5 photos.
3.4.  Each entry is FREE.
3.5.  Each entry must comply with these Terms and Conditions, including the Submission Guidelines specified below and category specific rules.
3.6.  Entries must be submitted together and each entry must individually meet the Technical Specifications as follows:
3.6.1.  Saved as a high-quality JPEG
3.6.2.  Must be larger than 1MB. Must not exceed 4MB.
3.6.3.  Both Adobe RGB (1998) and SRGB accepted
3.7.  This is an open category competition

Submission guidelines
4.1. Entries that have been submitted into Surfing Life Photo of the Year in previous years will not be considered for judging.
4.2.  Each entry must be an original photograph produced entirely by the entrant. It must not contain any trademarks or copyright material owned whole or in part by a third party or violate any persons’ rights of privacy.
4.3.  All details provided by the entrant must be true and accurate.
4.4.  The entrant is responsible for determining the appropriate permissions or Model Release for their entries if required. Surfing Life does not request Model Release forms with entries.
4.5.  Images submitted with watermarks or branding on them will not be considered for judging and will be disqualified.
4.6.  The image must not plagiarise the work of any other person.
4.7.  Entries that are found to breach these Terms and Conditions, will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. The winners may be required to sign a statutory declaration regarding the originality of the entry. Without limiting the generality of the foregoing, the Promoter reserves the right to take legal action against anyone found to have breached these terms. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation are reserved.

Judging
5.1.  The initial review of images, shortlist 100 images, will be completed by a panel of two to three judges.
5.2.  The additional judging process will be decided by the Promoter’s committee / judging team through a three-criteria judging system.
5.3.  The judges will be allocating each image a points total –
5.3.1.  Technicality – 1-10 points
5.3.2.  Originality – 1-10 points
5.3.3.  Overall rating – 1-20 points
5.4.  This creates a maximum of 40 points per judge for each image.
5.5.  The top 10 highest scoring will be deliberated and discussed by the judging committee.
5.6.  If any of the shortlisted images are found to be in breach of these Terms and Conditions, they will be immediately eliminated.
5.7.  There will be no correspondence between entrants and judges throughout this process.
5.8.  The judges’ decision in relation to any aspect of the competition is final and binding. Prizes are not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner’s nominated address.

Prizes
6.2.  To be awarded as the winner, the winner must be agreed upon by the majority of the judging panel.
6.3.  Winners will be printed in the next issue of Surfing Life and announced through our website, newsletter and social media.
6.4.  All decisions from the judging panel are finite.
6.5.  Any winner subsequently found by the Promoter to have breached these Terms and Conditions must return any awarded prize within 30 days of a request to do so. The Promoter will have final decision on what to do with the prizes.

Rights
7.1.   All copyright remains with the photographer / entrant.
7.2.  The Promoter asserts no claims to the rights of any image entered into the competition.
7.3.  If The Promoter uses any images through the magazine, website or social media channels the photographer / entrant will be credited. Entrants consent to the use of their images in this way.
7.4.  By entering the awards, entrants grant the Promoter use of credited images through the Promoter’s magazine, website and social media channels to promote the Surfing Life Photo of the Year at any time in the future.
7.4.  At any time, if an entrant decides they do not want their image used, the promoter will oblige.
7.5.  It is the entrant’s responsibility to protect their work from third parties by entering (but not limited to) metadata into the image. The Promoter will not be liable for any third party misuse of images.
7.6.  Each entrant acknowledges that the Promoter is under no obligation to use their entry.

Privacy Collection Statement
8.1.  By submitting an entry into this competition, entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.
8.2.  The Promoter collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at surfinglife.com.au. You may request access or to update your personal information or lodge a complaint by writing to [email protected]

Liability and Governing Law
9.1.  Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (‘Non-Excludable Guarantees’).
9.2.  In respect to this competition, 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 (including negligence), 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: (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; or (d) any tax liability incurred by a winner or Entrant.