Drone Photo Contest Terms and Conditions 2021

Thank you for visiting our website. This website is owned by BIRDI PTY LTD (ABN: 64 614 016 929). By entering the contest, you agree to these Terms and Conditions, which include our Privacy Policy.

In these Terms, ‘us’, ‘we’ and ‘our’ means BIRDI PTY LTD (ABN: 64 614 016 929).

1. This contest (Contest) is being run by BIRDI PTY LTD (Sydney, NSW, 2000) in collaboration with Canva Pty Ltd (110 Kippax St, Surry Hills, NSW, 2010) (each, a Promoter and, together, the Promoters).

2. Participation in the Contest is deemed acceptance of these terms and conditions (Terms and Conditions). 

3. The Contest is a weekly drone photography contest. Each winner will be selected by a panel of judges and the weekly Winner will be awarded a cash prize of $500 USD (inclusive of all Taxes) (Weekly Prize).

4. There will be a major prize consisting of:

        a) a cash prize of $2,000 USD (inclusive of all Taxes); and

        b) a one year Canva Pro subscription

decided at the completion of the Contest (Major Prize). 

5. Only the winners of the Weekly Prizes are eligible to win the Major Prize. The Weekly Prizes and the Major Prize are each a Prize and together, the Prizes.

6. Winners will be notified by email and announced via the Promoters’ social media outlets.

7. The Contest commences on 22 April 2021 and closes at 20:00 UTC on 6 June 2021 (Contest Period).

8. The Weekly Prize determinations will occur at 20:00 Universal Time (UTC) on each Wednesday after the relevant closing date in clause 9. The Major Prize determination will occur in late July 2021.

9. Entry for each of the Weekly Prizes will close at 20:00 (UTC) on the following dates:

a. May 2, 2021

b. May 9, 2021

c. May 16, 2021

d. May 23, 2021

e. May 30, 2021

f. June 6, 2021

g. With the Major Prize winner announced at the end of July.

(Weekly Prize Closing Dates).

10. The competition closes at 20:00 UTC on June 6, 2021.

11. Entrants will need to sign up to use BIRDI’s website at (https://www.birdi.com.au), and must have a BIRDI login and be registered in the system.

12. Entry is open to entrants worldwide, aged 18 years and over. Employees, immediate family members, retailers, suppliers, associated companies and agencies related to the Promoters are not eligible to enter in the Contest. 

13. To enter the Contest, the entrants must, during the Contest Period, complete and submit the online entry form in accordance with the “Instructions on How to Enter” on the upload tab of BIRDI’s website at https://www.birdi.com.au/ (Website).

14. Entrants will be required to provide all mandatory information that may include, but is not limited to, the entrant’s full name, email address and suburb or locality. All entries are final.

15. Online entries: In the event that a dispute arises as to the identity of an online entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an internet access provider, online service provider or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoters may ask any entrant to provide the Promoters with proof that such party is the authorised account holder of the email address associated with the entry.

16. Each entrant warrants and agrees that, in entering into the Contest (including in preparing its entry), they will comply with all applicable laws (including laws relating to the use of drones and privacy) in the relevant jurisdiction where the entrant is located or where they prepare their entry.

17. Multiple Entries: Entrants must enter the Contest in their own name. Multiple entries are permitted, subject to the following: 

a. Each entry must be substantially unique. 

b. Each entry must be submitted separately and in accordance with these Terms and Conditions; 

c. The use of automated entry software and or other mechanical, electronic or other means that allow an entrant to automatically enter the Contest repeatedly, using the same or similar entry, is prohibited and will render all entries submitted by the entrant invalid; and.

d. In order to participate in each Weekly Prize determination, the entrant must submit the entry in each relevant week. For clarity, for an entrant to have a chance of either the first or second weekly prize, it needs to submit the entry during the week ending on the date in clause 7.a and then again one entry during the week ending on the date in clause 9.b. 

18. Intellectual Property: Entries are restricted to works for which the entrant owns the intellectual property rights (including copyright) or for the use of which the entrant has received the necessary prior permission of the intellectual property rights owner. Entrants are responsible for the resolution of any legal issues arising from their works.

19. Entry Requirements: All entries must adhere to the following requirements: 

  • Entries cannot feature visible trade marks or likeness to brands or people
  • Entries must contain aerial footage taken by a drone. 
  • Entries will only be accepted in JPEG format. 
  • Entries must be minimum 4 megapixels. 
  • Recognisable people as well as all artwork and private business locations, as well as some other private locations, will need a property release once accepted.
  • Entrants must hold all applicable rights to the final entry, including any retouching or other image processing. 

20. Disallowed entries: The Promoters reserve the right to disallow entries that in its judgment are harmful to the public order, violate standards of decency or are contrary to the goals of the contest.

21. All valid entries for the Weekly Prize submitted during each week of the Contest Period will go into the relevant Weekly determination to win the relevant Weekly Prize.

22. The Promoters will appoint a judging panel which will consist of 1 judge for each Weekly Prize and 3 judges for the Major Prize (Judging Panel). The Judging Panel will decide each weekly Winner and the Major Prize Winner, each a Winner and together the Winners.

23.  BIRDI will notify the winner via email within 48 hours of the Judging Panels determination.

24. All entries will go into the draw to win the weekly $500 USD prize.

25. The Judging Panel will decide the weekly winner and overall winner.

26. Game of skill: The Judging Panel will determine the Winners on the basis of its judgement (and at its discretion) as to the best quality drone video taking into account the following criteria: 

a. General visual appeal

b. Quality of composition 

c. Quality of colour grading

d. How well the photo captures the theme of ‘Impact Through Images’ – raising climate change awareness through drone photography.  

e. How well the photographer links their photo to climate change through their photo description; and 

f. The location.  

27. Please note that no response shall be given to any inquiries or claims regarding the Judging Panel’s decisions, no correspondence will be entered into.

28. The decision of the Judging Panel will be final. 

29. If for any reason a winner does not take a prize (or an element of a prize) within 4 weeks of the winner being announced, then a second winner will be chosen to take the prize.

30. As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoters and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

31. The prize money will be distributed to the Winner by Paypal, Payoneer or such other method as determined by the Promoters. The Promoter will contact the Winner for their account details.

32. The Promoter reserves the right of final judgment concerning items not expressly stated in the contest terms and conditions.

33. Winners are responsible for the payment of any taxes or fees levied on the prizes.

34. When an entrant submits any materials via the Contest including an entry and any associated comments, recordings and images (Content), the entrant grants to the Promoters, and each of their affiliates a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, transferable and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media and without any compensation, restriction on use, attribution or Liability, provided that:

  1. Where Canva Pty Ltd uploads the entrants’ Content to the Canva media library to make the Content available for use by users of the Canva graphic design tool, Canva shall attribute the entrant as author of the Content;
  2. Where Birdi uploads the entrants’ Content to be available to approved research bodies investigating climate change, Birdi shall attribute the entrant as author of the Content.

35. Each entrant irrevocably and unconditionally consents, as the author of the Content, to the fullest extent permitted by law, to any act by the Promoters’ that may otherwise constitute an infringement of any moral rights of the author in relation to the Content, including without limitation making use of the Content without attributing the entrants as the author of the Content, and making any additions or alterations to the Content.

36. Entrants agree that they are fully responsible for the Content they submit.

37. To the maximum extent permitted by law, the Promoters shall not be liable for, and the entrants waive and release the Promoters from and Liability in relation to, the Content including the Promoters’ use of the Content. 

38. The Promoter may remove any Content from the Website and social media without notice for any reason whatsoever.

39. Entrants warrant and agree that:

a. they will not submit any Content that is: unlawful or fraudulent; or that the Promoters 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. they will obtain prior legal consent from any person or property that appears in their Content;

c. they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;

d. their Content shall not contain viruses or cause injury or harm to any person or entity; and

e. 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.

40. Without limiting any other terms herein, the entrant agrees to indemnify the Promoters for any breach of the above terms.

41. By entering the Contest, entrants consent to the Promoters using their name, likeness, image, image description and/or voice in the event they are a winner (including photograph) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoters. The entrant further agrees that they will participate in all reasonable promotional activities in relation to the Contest as requested by the Promoters and their agents.

42. Force Majeure: If this Contest (including performance of this Contest) provision of any Prize, or any obligation under these Terms and Conditions is prevented, restricted or interfered with by a Force Majeure Event, the Promoters reserve the right, in their sole discretion, to the maximum extent permitted by law to: (a) disqualify any entrant; and/or (b) modify, suspend, terminate or cancel the Contest. The Promoters will give public notice of such an event and that the Contest has been modified, suspended or terminated.

43. Any cost associated with accessing the promotional websites are the entrant’s responsibility and is dependent on the internet service provider used.

44. Non-Excludable Guarantees: 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 Australian Securities and Consumer Act 2020 (Cth) ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).

45. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoters (including their respective officers, employees and agents) will not be liable for any Consequential Loss.

46. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their respective officers, employees and agents) will not be liable to an entrant for, and the entrant indemnifies, holds harmless, waives and releases the Promoters (and their respective officers, employees, agents and the Judging Panel) in respect of any Liability) arising in any way out of or in connection with: 

a. Any breach of these Terms and Conditions by the entrant; 

b. Any personal loss or injury; 

c. Any act or omission of the entrant; 

d. The entrant infringing the Promoters’ rights or the rights of any third party (including intellectual property rights); 

e. A claim that our use or enjoyment of any part of the Content infringes the rights of any third party (including intellectual property rights); 

f. The entrants participation in the Contest; 

g. any technical difficulties or equipment malfunction (whether or not under the Promoters’ control);

h. any theft of any Prize, unauthorised access or third-party interference with, the Contest;

i. 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;

j. any variation in prize value to that stated in these Terms and Conditions;

k. any tax liability incurred by a winner or entrant; or

l. taking and/or use of a prize.

36. Entrants agree that they are fully responsible for the Content they submit.

37. To the maximum extent permitted by law, the Promoters shall not be liable for, and the entrants waive and release the Promoters from and Liability in relation to, the Content including the Promoters’ use of the Content. 

38. The Promoter may remove any Content from the Website and social media without notice for any reason whatsoever.

39. Entrants warrant and agree that:

a. they will not submit any Content that is: unlawful or fraudulent; or that the Promoters 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. they will obtain prior legal consent from any person or property that appears in their Content;

c. they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;

d. their Content shall not contain viruses or cause injury or harm to any person or entity; and

e. 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.

40. Without limiting any other terms herein, the entrant agrees to indemnify the Promoters for any breach of the above terms.

41. By entering the Contest, entrants consent to the Promoters using their name, likeness, image, image description and/or voice in the event they are a winner (including photograph) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoters. The entrant further agrees that they will participate in all reasonable promotional activities in relation to the Contest as requested by the Promoters and their agents.

42. Force Majeure: If this Contest (including performance of this Contest) provision of any Prize, or any obligation under these Terms and Conditions is prevented, restricted or interfered with by a Force Majeure Event, the Promoters reserve the right, in their sole discretion, to the maximum extent permitted by law to: (a) disqualify any entrant; and/or (b) modify, suspend, terminate or cancel the Contest. The Promoters will give public notice of such an event and that the Contest has been modified, suspended or terminated.

43. Any cost associated with accessing the promotional websites are the entrant’s responsibility and is dependent on the internet service provider used.

44. Non-Excludable Guarantees: 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 Australian Securities and Consumer Act 2020 (Cth) ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).

45. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoters (including their respective officers, employees and agents) will not be liable for any Consequential Loss.

46. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their respective officers, employees and agents) will not be liable to an entrant for, and the entrant indemnifies, holds harmless, waives and releases the Promoters (and their respective officers, employees, agents and the Judging Panel) in respect of any Liability) arising in any way out of or in connection with: 

a. Any breach of these Terms and Conditions by the entrant; 

b. Any personal loss or injury; 

c. Any act or omission of the entrant; 

d. The entrant infringing the Promoters’ rights or the rights of any third party (including intellectual property rights); 

e. A claim that our use or enjoyment of any part of the Content infringes the rights of any third party (including intellectual property rights); 

f. The entrants participation in the Contest; 

g. any technical difficulties or equipment malfunction (whether or not under the Promoters’ control);

h. any theft of any Prize, unauthorised access or third-party interference with, the Contest;

i. 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;

j. any variation in prize value to that stated in these Terms and Conditions;

k. any tax liability incurred by a winner or entrant; or

l. taking and/or use of a prize.

47.The Promoters collect personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoters may, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, opt-out, update or correct information to the Promoters at: 

BIRDI: [email protected]

Canva: [email protected]

All entries become the property of the Promoters.

The Promoters’ privacy policies explain how the Promoters collect, store and use personal information:

BIRDI: https://www.birdi.com.au/privacy-policy/

Canva: https://about.canva.com/privacy-policy/

48. Entrants agree that personal data may be processed, shared and otherwise used for the purposes and within the context of the Contest.

49. Although entries are handled with the greatest possible care, the Promoters do not accept responsibility for accidents, damage or loss during upload.

50. The Promoters do not accept responsibility for damages arising from or related to circumstances beyond its control, including but not limited to computer viruses or unauthorized access to its servers.

51. The Promoters do not accept liability for damages or other harm suffered by entrants as a result of their participation in the contest.

52. Entrants are required to obtain the prior permission and consent of the persons who are portrayed in their works or who hold the copyright or other intellectual property rights to the works or the items portrayed therein. Entrants agree to fully indemnify the Promoters and accept all responsibility for any third-party complaints or claims concerning copyright or other intellectual property rights infringement or damages arising from the works submitted.

53. The foregoing limitations also apply to the responsibilities borne by the judges and by third parties participating in the contest in cooperation with the Promoters.

54. We reserve the right to report any major breaches where safety to individuals or otherwise is of concern, to appropriate authorities.

55. Although entrants retain the copyright and other equivalent rights to their entries, the Promoters retain the rights listed below under “Promoters’ Rights”.

56. The Promoters reserve the right to report, to appropriate authorities, any Content where the Promoters consider the Content (or the making of the Content) involves or involve any risk to the safety of any individuals, the public or otherwise.

57. The Promoters reserve the right to publish all entries on their websites. By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to the Promoters and their affiliates and subsidiaries, to reproduce, distribute, display and create derivative works of the entries in any media now or hereafter known.

58.The Promoters reserve the right to display the names of the winners and the titles of the winning entries and the associated image description/story on its websites, exhibitions and in other locations where the works are shown.

59.Entries that in the judgment of the Promoters do not conform to the entry requirements will be disqualified. Entrants will not be notified in this event. In the event that a winner is disqualified after a prize is awarded, the award may be revoked and the entrant requested to return the prize.

60.The terms and conditions of entry shall be construed in accordance with the laws of NSW, Australia. Any disputes between entrants and the Promoters shall be referred to the district court of where the Promoter is located.

61. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Website, or to otherwise undermine the legitimate operations of the Contest may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoters reserve the right to seek damages to the maximum extent extent permitted by law.

62. Linked Sites: The platform for the Contest may contain links to other websites (Linked Websites). The Promoters does not endorse and is not responsible for the content of any Linked Websites. Any Linked Websites displayed on the platform are for the entrants’ convenience only and the entrant agrees to access, use and otherwise deal with Linked Websites at their own risk. 

63. Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platforms. Unless otherwise indicated in these Terms and Conditions, the Contest is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, LinkedIn, Facebook, Twitter and Pinterest.

55. Capitalised terms have the meanings given to them in these Terms and Conditions, and:

Consequential Loss includes any consequential, indirect or special loss, including any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Force Majeure means any event or circumstance beyond the Promoter’s reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs, worms or trojans, denial of service attacks, tampering, unauthorised intervention or access (including to any servers), fraud, technical difficulties or failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest.

Foreign Indirect Tax means a goods or services tax, value added tax, a consumption tax or similar taxes imposed in a jurisdiction other than Australia.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, an entrant, a Promoter or otherwise.

Taxes means Foreign Indirect Taxes, tax, levy, duty, charge, deduction or withholding, however described, imposed by law or a government agency, together with any related interest, penalty or fine, including in respect of GST, but excluding income tax.

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