Heartmarks terms and conditions

Heart of the City - Heartmarks Instagram Campaign 2015 (the "Campaign")

1. The Heartmarks Instagram Campaign (the "Campaign") is operated by Heart of the City (the Promoter) and runs from 9.00am on Wednesday 1 July 2015 until 11.59pm on Sunday 20 September 2015.

2. Information about how to participate in the Campaign also forms part of these terms and conditions.

3. By uploading and sharing your image(s) and/or information to the #myheartmark hashtag via Instagram you agree to participate in the Campaign and accept the Campaign terms and conditions (if you do not agree to the Campaign terms and conditions, please do not participate in the Campaign, including by uploading images and information and sharing to the #myheartmark hashtag). Any image and/or information that is uploaded and shared that does not comply with the Campaign terms and conditions will not be valid and so ineligible to be included in the Campaign.

4. Participation in the Campaign is only open to New Zealand residents; and any participants under the age of 18 years must obtain the consent of a parent or guardian before uploading and/or sharing an image(s) and/or information. By taking part in the Campaign, minors confirm that they have obtained the consent of their parent or guardian.

5. There is no limit to the number of images and/or information each participant can upload and share to the #myheartmark hashtag for the purposes of the Campaign.

6. All images and/or information received by Instagram and assigned to the Promoter via the hashtag #myheartmark that comply with the terms and conditions of the Campaign will be displayed in an image gallery viewable on the Heart of the City website; www.heartofthecity.co.nz/heartmarks and edited image selections and/or information will also appear on the promotors Facebook page, in paid media channels of NZ Herald Press advertising and Outside media (i.e. Adshels and Street Posters), as well on the NZ Herald website's hub page for the campaign www.nzherald.co.nz/heartmarks, and within the NZ Herald early general news of the main paper, on a the promotor's other online channels.

7. In order to take part in the Campaign, participants must first have a valid Instagram account with a public profile (i.e. if you have your private account settings turned on, images will not be able to be pulled through to our website gallery), and you must have agreed to the terms and conditions for the Instagram network (http://instagram.com/legal/terms).

8. To be eligible for their image and/or information to be displayed by the Promoter for the purposes of the Campaign, a participant will need to:
(a) take an image of their favourite place or experience within the boundaries of Auckland city central (for details please visit www.heartofthecity.co.nz/precincts (the "Central City Boundaries"). Images taken from outside the central city will not be included in the gallery;
(b) make sure the 'Add to Photo Map' option is turned on to geotag the image when uploading, so it will appear within the 'precinct' and 'experiences' filtering in the Campaign gallery. Images not geotagged may be excluded from the Campaign gallery if their location cannot be determined;
(c) tag the image with the #myheartmark hashtag and any information that explains why this image represents a heartmark to you; and,
(d) upload the image and explanation to the Instagram social media sharing platform, under your own user name.

9. Images and/or information may be selected from all the #myheartmark hashtag images to be included in a public exhibition to take place at a to be determined central city location(s) - details to be confirmed by the Promotor in September.

10. By tagging an image with the #myheartmark hashtag, the author of the image confirms that the image and/or information complies with all of the following conditions:
(a) the image was taken from within the Central City Boundaries;
(b) the image was taken by the participant and is the participant's own original work;
(c) the image and/or information features no obscene, sexually explicit, violent or offensive content or material;
(d) the necessary permission to participate in the Campaign, including but not limited to uploading and sharing the image and/or information via Instagram so that the image is publically viewable was obtained from the individual(s) who may appear in the image; and/or,
(e) the image and/or information does not breach any copyright or other third party rights.
11. Any image that does not comply with the above conditions will be rejected or removed from the Campaign gallery.

12. The Promoter reserves the right not to display and/or to remove any images uploaded and shared for the purposes of the Campaign for any reason whatsoever.

13. By uploading an image to Instagram and sharing the image via the #myheartmark hashtag, the participant agrees and consents to the Promoter publishing the image at any time (without further notice to you), including for the purposes of promoting the Campaign and/or Heart of the City via marketing materials and/or social media and online channels.

14. Participants take full responsibility for their images and/or information and agree and confirm that the Promoter is in no way liable toward any third parties for any images that are uploaded and/or shared, including those displayed within the galleries.

15. The participant agrees and confirms that by participating in the Campaign it hereby transfers all copyright that subsists in the images to the Promoter and waives all moral rights to the images.

16. The Promoter reserves the right to vary, suspend or terminate the Campaign or remove any participant at any time, for any reason including (without limitation) if the Campaign is not capable of running as planned for any reason.

17. The Promoter reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend the Campaign and/or the terms and conditions at any time for whatever reason.

18. The Promoter is not responsible for any images that are late, misdirected or lost and takes no responsibility for any images not uploaded or shared correctly through Instagram and/or the #myheartmark hashtag.

19. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, or any combination thereof. Nor is it responsible for any incorrect or inaccurate information caused by any of the equipment or programming associated with or utilised in the Campaign, or by any technical error that may occur in the course of the administration of the Campaign. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission communications line failure, theft or destruction or unauthorised access to alter or alteration of entries.

20. Neither the Promoter nor any other person associated with the Campaign shall be liable for any loss or damage whatsoever suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained in connection with participation in this Campaign.

21. The Promoter of the Campaign is Heart of the City, PO Box 105 331, Auckland, New Zealand.

22. The Campaign is in no way sponsored or administered by, or associated with, Instagram.

23. You understand that you are providing your information to Heart of the City Incorporated. The information you provide will be held and used for the purpose of the Campaign.

24. All images and/or information collected by the Promoter in the course of the Campaign become the property of Heart of the City. To access or request correction of your personal information please contact Heart of the City, Level 2, 26 Lorne St, Auckland.

Supplied by Heart of the City