Fielders Photography Program
Terms and Conditions
- Information on how to enter and the rewards form part of these Terms and Conditions. Participation in this program is deemed acceptance of these Terms and Conditions.
- Entry is open to Australian residents who own, installed or have designed a project that features products made from Fielders steel products (“Eligible Entrants”). Eligible Entrants can be homeowners, installers, fencing contractors, roofing contractors, builders, architects, professional designers or any other persons who work or have worked with Fielders products.
- Employees (and their immediate families) and agencies associated with this program are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
- To enter, Eligible Entrants must must visit https://products.fielders.com.au/did-it-with-fielders/ by either scanning the QR Code provided or by following the online links. Eligible Entrants must follow all the instructions on the web page and fully complete the entry form to be eligible, including providing their requested details, answering the questions on the entry form and submitting images showcasing their nominated project. Eligible Entrants must have stakeholder’s consent to submit their project and enter & accept reward as applicable.
- Entries are limited to one (1) entry per project. Each entry must be submitted separately and in accordance with these Terms and Conditions. Incomplete or indecipherable entries will be deemed invalid. If there is a dispute as to the identity of an Eligible Entrant, Fielders reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
- Fielders reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including their identity, age and place of employment where relevant) and reserves the right, in its sole discretion, to disqualify any individual who has given reason for Fielders to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper be accepted at the Fielders’ discretion. Failure by Fielders to enforce any of its rights at any stage does not constitute a waiver of those rights. Fielders’ legal rights to recover damages or other compensation from such an offender are reserved.
- Fielders selections and decisions are final, and no correspondence will be entered into.
- For selected Eligible Entrants who are deemed the best valid entries, as determined by the judges, will:
o Be contacted by Fielders to arrange a suitable time to proceed with onsite photography to be held within a 3-month time period, or if applicable, within 3 months of project completion. If this is not achievable the entry may be abandoned at the discretion of Fielders.
o Receive a selection of professional photos of the project; and
o Receive credit for the project when used as part of Fielders’ case studies
o Receive a Fielders “Thank You” gift for your team
o Receive a $200 gift card if they are submitting as the owner of the residential project.
- As part of the verification procedure, the winner may be required to provide proof of compliance with clauses 14 and 15 of these Terms and Conditions, including that they have the appropriate rights to all images submitted as part of the promotion to be selected for professional photography. Further, the selected participants will be required to, if requested by Fielders, to organise access for the Fielders representatives to the project so the property can be recorded and photographed.
- In the event of war, terrorism, state of emergency, government issued direction or pandemic or any other kind of disaster, Fielders reserves the right to cancel, terminate, modify or suspend the program, or suspend, substitute or modify a reward.
- Rewards will be awarded to the Eligible Entrant who submitted the entry. If the winner of a reward is under the age of 18 years, the reward will be awarded to the winner’s nominated parent or guardian. If for any reason a winner does not take/redeem a reward (or an element of the reward) at/by the time stipulated by Fielders, then the reward (or that element of the reward) will be forfeited.
- If any reward (or part of any reward) is unavailable, Fielders, in its discretion, reserves the right to substitute the reward (or that part of the reward) with a reward to the equal value and/or specification.
- Prizes, or any unused portion of a reward, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers, documents and photographs/images (“Content”). Fielders shall not be liable in any way for such Content to the full extent permitted by law. Fielders may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
a. they will not submit any Content that is unlawful or fraudulent, or that Fielders may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
b. their Content shall not contain viruses or cause injury or harm to any person or entity;
c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content to submit the entry, for the property to be recorded and photographed by Fielders and used in the Fielders’ advertising material in any medium in perpetuity;
d. the Content is their original work and they have the right to grant the rights to the Content contemplated by these Terms and Conditions or they have the appropriate license to grant the rights to the Content contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party. If the Content was created as part of the Eligible Entrant’s employment, they must also obtain prior consent to these Terms and Conditions from their employer;
e. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
f. they will comply 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.
Without limiting any other terms herein, the entrant agrees to indemnify Fielders for any breach of the above terms.
- As a condition of entering this program, each entrant licenses and grants Fielders, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, advertising, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. If requested by Fielders, the selected entrant agrees to sign any further documentation required by Fielders to give effect to this arrangement.
- Entrants consent to Fielders using their name, likeness, image and/or voice in the event they are selected (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Photography Program (including any outcome), and promoting any products manufactured, distributed and/or supplied by Fielders.
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Fielders, including but not limited to technical difficulties, unauthorised intervention or fraud, Fielders reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the program, as appropriate.
- Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
- Nothing in these Terms and Conditions limits, excludes or modifies 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 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Fielders (including its respective officers, employees and agents) 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 the promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Fielders (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 Fielders’ control); (b) any theft, unauthorised access or third party interference; (c) any entry or reward claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Fielders) due to any reason beyond the reasonable control of Fielders; (d) any variation in reward value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (g) use of the reward/promotion of the winning entry.
- Fielders is division of BlueScope Steel Limited (ABN 16 000 011 058) of Level 11, 120 Collins Street, Melbourne VIC 3000.