Terms and conditions

Boaty Photy of the Month competition

  1. By entering the Competition, you (the Entrant) accept these terms and conditions (the Competition Ts&Cs).
  2. The Competition is run by Better Boating Victoria (BBV) of 1 Spring Street, Melbourne, Victoria 3000.
  3. Entry is open to residents of Victoria who are over the age of 18, except BBV employees and their relatives (i.e. the spouse or ex-spouse, sibling, step-sibling, child, step-child, parent, or step-parent of a BBV employee).
  4. To enter the Competition, Entrants must upload a post on Instagram (www.instagram.com) using the Entrant's personal Instagram account, including:
    1. photographic image of:
      1. a boat-based activity (i.e. fishing, diving, sailing, cruising, wakeboarding, waterskiing or jet skiing);
      2. a natural habitat in which boating takes place; or
      3. a Victorian boating destination landscape;
    2. a caption of what the Entrant did that day or why the location is special;
    3. the name of the place where the boating activity took place/where the photo was taken;
    4. the name of the fish/species in the photo (if applicable); and
    5. the hashtag "#boatyphoty",
    (the Entry).
  5. Entrants may submit more than one entry.
  6. The Entrant warrants to BBV that the Entrant is the author of the Entry and that the Entry is not offensive, defamatory or inflammatory and does not infringe any third party's intellectual property rights or breach any law.
  7. The Competition will be run monthly from May 2019 on an ongoing basis, until terminated by BBV in its absolute discretion. BBV will give one month’s prior notice of termination on its Instagram page.
  8. Entries may be submitted between the second Friday of the month until 9am on the last Friday of the month (Competition Period). Only Entries submitted during the Competition Period for each month will be valid.
  9. If there is a dispute as to the identity of an Entrant, BBV will in its sole discretion, determine the identity of the Entrant, acting reasonably.
  10. BBV can cancel, modify or terminate the Competition without liability if the Competition is interfered with in any way or cannot be conducted as anticipated by BBV.
  11. Valid Entries will be judged by BBV at 3pm on the last Friday of each month at 1 Spring Street, Melbourne VIC 3000 until the Competition is terminated in accordance with clause 7.
  12. One winner will be chosen each month of the Competition, with winning Entries chosen on the basis of the best depictions of boating activities and destinations, as determined by BBV in its absolute discretion (Winner). BBV’s decision will be final and no correspondence will be entered in to.
  13. Each Winner will be notified via their Instagram account within 14 days of selection, with instructions to claim the Prize.
  14. Where a Winner fails to claim a Prize within 14 days of BBV sending notification, BBV can allocate the Prize to the runner-up chosen in accordance with clause 12.
  15. Details and the value of each monthly prize will be advertised on BBV social media channels including Facebook, Instagram and Twitter.
  16. Prizes are non-transferable, non-exchangeable and cannot be substituted for cash. By accepting a Prize, Winners agree to any additional terms and conditions that apply to their Prize, in addition to these Competition Ts&Cs.
  17. The Entrant unconditionally and irrevocably grants BBV a non-exclusive, perpetual, worldwide, royalty-free licence to use the Entry (including but not limited to reproducing, publishing, adapting and communicating the whole or any part of the Entry) in publications, promotional and marketing material and on its website to promote BBV and recreational boating (the Permitted Use).
  18. The Entrant consents to the Entry being used in a manner that would, but for the Entrant consenting to such a use, breach the Entrant's moral rights.
  19. BBV will not be liable for any loss (including, without limitation, any consequential or indirect loss), cost or damage, personal injury or death which is suffered (whether or not due to the negligence of any person) in connection with an Entrant entering this Competition, as a result of the administration of the Competition or in connection with the acceptance of any Prize, except for any liability which cannot be excluded by law (and, if so, that liability is limited to the maximum extent permitted by law).
  20. Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram, Twitter, Facebook or any other social media platform. By entering this competition, the Entrant is deemed to have accepted any relevant terms and conditions of use associated with Facebook, Instagram, Twitter and any other relevant social media platform and to have irrevocably released Facebook, Instagram, Twitter and any social media platform, from any and all liability in connection with the Competition.
  21. The Competition is governed by the laws of Victoria, Australia.
  22. Clauses 5 and 17-19 (inclusive) of these Competition Ts&Cs survive the expiry of the Competition Period.
  23. The collection, use and disclosure of personal information of the Entrant in connection with the Competition is subject to the Department of Transport’s (DoT) Privacy Policy. The DoT Privacy Policy can be obtained via this link: https://djpr.vic.gov.au/privacy

    Consent for use of image

  24. To the extent that an Entry includes an image capable of being identified as the Entrant's likeness or any other personal information, the Entrant consents to the collection, storage and use of the Entrant's personal information by BBV as part of administering the Competition and for the Permitted Use (as described in clause 17 above).
  25. The Entrant further agrees that it has no right to review or preapprove the use of the Entrant's likeness by BBV for the Permitted Use.
  26. The Entrant will not make any claim for payment or fees in relation to BBV’s use of the Entrant's likeness for the Permitted Use and releases BBV, its employees and agents from any liability arising out of such use.
  27. If the Entry includes images capable of being identified as the likeness of other persons, the Entrant warrants that it has obtained the consent as required under clauses 24, 25 and 26 of those persons (or if they cannot legally consent, their legal guardian) for the Entry to be used in accordance with these Ts&Cs.