Canon South Africa (Proprietary) Limited, registration number 1999/021667/07 ("Canon")
Terms of Use 2013
 
   
1. Terms of Use
   
    These terms of use (“Terms of Use”) govern any use by the user (“User”) of the Canon photo competition galleries (at www.csaexpo.co.za, the Canon Expo Facebook site and at the Canon Expo itself) (individually “Gallery” and/or collectively “Galleries”), the Canon Expo website at www.csaexpo.co.za, and all entries by the User into the Canon photo competition (“Photo Competition”) and voters' competition (“Voters' Competition”) (jointly to be referred to as "Competitions"). The Competitions are run by Canon, 1st Floor, Block C, Southdowns Office Park, Karee Street, Southdowns, Centurion. By entering the Competitions or using the Galleries the User agrees to these Terms of Use which will at that time become binding between the User and Canon.
   
2. The Competitions
     
  2.1

To qualify for entry into a Competition, Users must be over 18 and a resident of the Republic of South Africa. Employees, directors, partners, members, consultants and agents of Canon and/or of any other person who controls or is controlled by Canon and/or the agencies of such persons associated with the Competitions, and/or their spouses, life partners, business partners or immediate family members of such persons, are excluded from participating in the Competitions. The Competitions are hosted and run in South Africa only.

  2.2

No purchase is necessary in order to enter the Competitions. There is no fee charged to enter into the Competitions other than the cost of the User accessing the Internet or visiting the Canon SA Expo which you would otherwise already have.

  2.3 The Competitions are brought to Users as part of the Canon Expo which showcases Canon’s current product range and future innovations.
   
3. The Photo Competition
   
  3.1

Users are encouraged to submit their best photographic image / images using Canon product (“Image" or "Images”) into the Photo Competition for a chance to receive votes from the public and to be eligible to win a category prize.

  3.2

Users can submit only 1 Image per category, but are not limited in the number of categories they submit the same or different Image. Images should be entered into the category to which they most relate but can be entered into multiple categories. Regardless of the number of Images entered the User can only win in one category.

  3.3

To be eligible for the Competition, the User must submit his/her Image(s) via the submission entry email address for each category as set out in 3.6 below. The opening date for submission of Images is 16 September 2013 and the closing date for submission is 23h59 hours on Friday 1 November 2013.

  3.4

Images must be produced using a Canon camera only and Canon reserves the right at any stage to request proof including, but not limited to the full data file of Image.

  3.5

Images must be submitted in an electronic JPEG format, not exceeding 2MB and the covering email must contain the following information:

  3.5.1 Full name and surname;
  3.5.2 Contact telephone number;
  3.5.3 Contact email address;
  3.5.4 Camera used;
  3.5.5 Lens used;
  3.5.6 Shot / camera settings;
  3.5.7 Category entered;
  3.5.8 Title of Image.
  3.6



There are 4 categories (set out below) that a User can enter the Image into, and the User must submit their Image to the email address appropriate to the category they are entering, namely:

Let the light in   light@csaexpo.co.za
Better in black and white   blackwhite@csaexpo.co.za
Save our planet   planet@csaexpo.co.za
The unposed portrait   portrait@csaexpo.co.za
  3.7

A moderator(s) assigned by Canon will check each Image to make sure it complies with these Terms of Use and that the image submitted is in no way inappropriate, indecent or immoral. If a moderator is of the reasonable opinion that any Image is inappropriate, indecent or immoral, it may be disqualified from the Photo Competition.

  3.8 All valid Images entered will be entered for judging.
  3.9

Voting opens at 23h59 on 10 November 2013.

   
4. Category Prize selection
     
4.1

The Canon judging panel will consist of a senior staff member from Canon and third party industry experts (“Judging Panel”).

4.2

The Judging Panel will act as the preliminary judges for the Category Prizes and will choose 10 valid Images from those submitted for each category and those Images will then be exhibited in each Gallery.

4.3

The finalist's Images displayed in the Galleries will be able to receive votes from the public to determine the winning Image in each category. Users can vote for their favourite Images at one of the 3 Galleries, by voting on www.csaexpo.co.za, submitting a paper vote at the Canon Expo or by typing the word "vote" for that Image in the "comments" box on the Canon Expo Facebook Page.

4.4

Users will only be permitted to vote once per category. Any additional votes submitted will not be counted for the purposes of determining the winner.

4.5

The Image in each category that receives the most votes from all of the Galleries shall be the category prize winner. If more than 1 Image receives the same number of votes then the winner of that Category or Categories shall be determined by the Judging Panel.

4.6

Voting closes at 23h59 on 01 December 2013.

4.7

Category prize winners will be announced on or after 15 January 2014.

4.8

Category prize winners will be notified by email and must confirm acceptance of their prize within 14 days of the date of such notification.

4.9

Any category prize not accepted within 14 days of notification will revert to Canon and may be reallocated to another entrant at the absolute discretion of Canon.

4.10 The Category Prizes will be sent by registered post or courier by no later than 31 January 2014 to the address provided by the winner. Canon does not accept any responsibility for any failure by the postal service to deliver the prizes or the winner's failure to accept delivery of his/her prize.
   
5.

Voters' Competition

     
5.1

Users that vote for an Image (in accordance with the process set out in 4.3 and 4.4) in one of the Galleries (“Voter(s)”) shall be entered into a random prize draw to win a prize.

5.2

Each Voter is allowed 1 vote per category only.

5.3

Entry to the prize draw shall commence when the voting is available at the Galleries and shall close at the end of the voting period at 23h59 on 01 December 2013 (“Vote Closing Date”). Any votes submitted after the Vote Closing Date shall be disregarded for the purposes of the prize draw.

5.4

The prize draw shall take place on 15 January 2014 and will be made by an independent judge at random.

5.5

The Voters' Competition winner will be announced on or after 15 January 2014.

5.6

The Voters' Competition winner will be notified by email and must confirm acceptance of their prize within 14 days of the date of such notification.

5.7

If the Voters' Competition prize is not accepted within 14 days of notification it will revert to Canon and may be reallocated to another entrant at the absolute discretion of Canon.

5.8

The Voters' Competition prize will be sent by registered post or courier by no later than 31 January 2014 to the address provided by the winner. Canon does not accept any responsibility for any failure by the postal service to deliver the prizes or the winner's failure to accept delivery of his/her prize.

   
6.

Prizes

     
6.1

All prizes will be provided by Canon.

6.2

The prize for each category in the Photo Competition will be a Canon EOS 6D including an EF 24-105mm f/4L IS USM lens.

6.3

The prize for the Voters' Competition will be a Canon EOS M including an EF-M 18-55mm f/3.5-5.6 IS STM and a Speedlite 90EX.

6.4

All prizes are strictly subject to availability. If a specific prize is not available, a Canon product of equal or higher specification will be supplied instead. Absolutely no cash alternative will be made available.

6.5

Any pictures used to promote the prizes are for information only.

6.6

The winners will be notified by email and their details may also be posted on the following website, including its subpages: www.csaexpo.co.za

6.7

Every reasonable effort will be made to contact the winner using the contact information provided. If a winner cannot be contacted within 14 days of the relevant Competition end date, the prize will revert to Canon and may be awarded to another entrant at Canon’s absolute discretion.

6.8

Failure to comply with the Terms of Use may result in disqualification of the User’s entry.

   
7.

Privacy

     
  7.1

The Users' personal information will be used by Canon to conduct the competition, for participation in the prize and in accordance with Canon’s privacy policy, currently located at www.canon.co.za/Terms_and_Conditions/index, subject to the following below, which shall be in addition to the privacy policy.

  7.2

If the User is a winner of a prize, Canon may use the User's information collected during the competition for marketing or promotional purposes, including using the User's name and likeness to announce the winners online.  In this circumstance the User has the opportunity to refuse for their information to be used in such ways and to do so must notify Canon of this desire to the following address: help@csaexpo.co.za.

     
8.

Limitations to the use of the Gallery

     
8.1

In respect of his/her use of the Galleries, the User will not, and will not allow any third party to:

 
8.1.1

violate any intellectual property or other rights of any person or entity;

8.1.2

remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Galleries;

8.1.3

modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence and/or organisation of the Galleries or any content contained therein;

8.1.4

use the Galleries in any manner that could damage, disable, overburden, or impair the Galleries, Canon, or any other person or entity;

8.1.5 collect any information about other users of the Galleries, or interfere with other users' enjoyment of the Galleries in any way;
8.1.6

use the Galleries for any commercial goal.

   
8.2

User is solely responsible for the Image that User posts, stores or uploads through or in connection with the Gallery and Competition, including any material or information that User transmits to other users. Canon reserves the right to remove, delete, screen and/or edit any Image at any time and without notice. Canon does not endorse any Image and takes no responsibility and assumes no liability for any Image posted, stored or uploaded by User or any third party, or for any loss or damage thereto.

8.3 All images that are submitted should not be digitally enhanced beyond what is necessary to achieve realistic colour balance, sharpness and contrast. The following should be adhered to when processing competition entries:
8.3.1 HDR Images – High Dynamic Range images are allowed but all information with regards to various exposures and post processing is to be provided when uploading.
8.3.2 Composites Composites or stitched images are allowed but all information with regards to various exposures and post processing is to be provided when uploading.
8.3.3 User may undertake digital image manipulation in order to optimise an image, but adding or removing key elements of the image is not allowed. Posting images of the work of others is allowed but only if the image portrays such work as an object in its environment and as long as it does not violate any rights of others.
8.4

Users will retain copyright and moral rights in their images.

8.5 By posting and/or submitting an Image through, or in connection with, the Gallery or Competition, User grants Canon, its affiliates and sub-licensees the irrevocable, royalty free, license to publish and publicly display the Image on the Canon websites up until 23:59 on 31 December 2013, solely and exclusively for the purpose of promoting the Competition and any associated activities.
8.6 User hereby gives consent to Canon to contact User via email regarding any request for permission to use Image for purposes other than those referred to in paragraph 8.5 that Canon might have.
   
9.

Images

     

User represents and warrants that:

 
9.1.1

User owns or controls all of the rights to the Image that the User posts or otherwise has the right to post such Image through or in connection with the Galleries and Photo Competition;

9.1.2

The Image is accurate and not misleading;

9.1.3

Use and posting of Images supplied by the User does not violate these Terms of Use and does not and will not violate any rights of, or cause injury to, any person or entity

9.1.4

User agrees to pay for all royalties, fees, and any other monies that are owed to any person by reason of any Image posted by User through or in connection with the Gallery or Photo Competition.

 

9.1.5

Should a competition entry include a person in the Image, it is the responsibility of the User to obtain the necessary permission and release form(s) from the individual depicted.

 

The above clauses contains statements that are acknowledgements of fact by the User. The User must ensure that all these statements are true and correct, as the User will not be able to deny the truth of these statements and Canon and other persons may also have claims and other rights and remedies against the User as a result of such statements.

The above clause also contains assumptions of risk and/or liability by the User as it may result in Canon and/or other persons having claims against the User and in the User being financially liable to Canon and/or other persons.

     
9.2

The User is solely responsible for the Image that User posts, stores or uploads through or in connection with the Gallery and Competitions, including any material or information that User transmits to other users. Canon reserves the right, acting reasonably, to remove, delete, screen and/or edit any Image at any time and without notice. Canon does not endorse any Image and takes no responsibility and assumes no liability for any Image posted, stored or uploaded by User or any third party, or for any loss or damage thereto.

9.3

The User will retain copyright and moral rights in his/her images.

9.5

By posting and/or submitting an Image through, or in connection with, the Galleries or Photo Competition, the User grants Canon, its affiliates and sub-licensees the irrevocable, royalty free, license to publish and publicly display Image on the Canon websites up until 23h59 on 31 December 2013 and solely and exclusively for the purpose of promoting the Competitions and any associated activities.

9.6

User hereby gives consent to Canon to contact User via email regarding any request for permission to use Image for purposes other than those referred to in 9.5 that Canon might have.

   
10.

Limitation of liability

     
 

This clause limits and excludes obligations, liabilities and legal responsibilities which Canon will have towards the User and also limits and excludes the User's rights and remedies and places various risks, liabilities, obligations and legal responsibilities on the User.

Except as otherwise required by applicable law, Canon, its employees, directors, partners, members, consultants and/or agents are responsible for any loss or damage associated with User entering into the Competitions, the carrying out of the Competitions or the provision or otherwise of any aspect of any prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these Terms of Use are hereby excluded to the maximum extent permitted by law.
   
11.

General

     
  11.1

Notwithstanding any provision of the Terms of Use, Canon reserves the right, without notice and acting reasonably, to terminate User’s use of the Galleries, and to block or prevent User’s access to the Galleries and Competitions. Canon may also terminate the User's entitlement to any prize if you do not comply with any of these Terms of Use. Canon reserves the right, acting reasonably, to withdraw the Competitions before any winners are notified if any circumstances beyond Canon’s reasonable control prevents or restricts Canon from conducting the Competitions.

  11.2

These Terms of Use and all matters arising from or in connection with them (including any non-contractual matters) shall be governed by the laws of South Africa. User hereby consents to the exclusive jurisdiction of the South African courts in respect of all matters arising out of or in connection with the Competitions or these Terms of Use in any way (including non-contractual matters).

  11.3

If any provision of the Terms of Use is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of any remaining provisions. The failure of Canon to insist upon or enforce any of the provisions of these Terms of Use, or to exercise any rights or remedies under these Terms of Use, will not be construed as a waiver of Canon’s right to assert or rely upon any such provisions, rights or remedies.

  11.4

The User may not assign or transfer his/her rights or obligations, or subcontract his/her obligations, under these Terms of Use, such as giving a prize to anyone else, without Canon’s prior written consent. Canon may assign or transfer its rights or obligations, or subcontract its obligations, under these Terms of Use without User's consent, provided that such transfer is not detrimental to the User.

  11.5

Canon and/or its licensors retain and reserve all rights in and to each Canon website, and all aspects of the Competitions and each prize, including all derivatives, developments, modifications and improvements.

  11.6

These Terms of Use constitute the entire agreement between User and Canon, superseding any prior agreements between User and Canon regarding the subject matter hereof.

  11.7

Nothing in these Terms of Use limits or exempts Canon generally from any liability (including for any loss directly or indirectly attributable to the gross negligence of Canon or any person acting for or controlled by Canon) to the extent that the law does not allow this, or requires the User to assume risk or liability for this kind of loss to the extent that the law does not allow this.

  11.8

If these Terms of Use, or a Competition, are/is regulated by the Consumer Protection Act, 68 of 2008, it is not intended that any provision of these Terms of Use contravenes any provision of the Consumer Protection Act and therefore all provisions of these Terms of Use must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

     
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