Terms and Conditions

Terms & Conditions

  1. Open to all those who are or have participated on any Brendan Vacations tour aged 18 or over.
  2. This promotion is void where local country laws prohibit participation in this type of activity. Entrants should ensure their legal eligibility prior to participation.
  3. To Enter: During the Entry Period, go to www.BrendanVacations.com/My-Photos and follow the instructions to upload a photograph. Then provide your contact details, where the photo was taken and click submit.
  4. The website may not be accessible from some smartphones. It is recommended a laptop or desktop computer is used to enter.
  5. No purchase necessary, but a valid email address and Internet access required. This will be at the cost of the Entrant.
  6. Rewards: for every selected image (see clause 14 for selection process), the entrant will receive payment of a $50 AMEX gift card. There is no maximum number of Rewards that can be awarded. It will depend on the quantity and quality of entries and the planned uses of the images.
  7. AMEX gift cards will be sent to the winner's mailing address (see clause 15 below). Please allow 8 weeks from receipt by time photo is submitted for delivery of the gift card.
  8. Moderation: All entries are subject to moderation. The Promoter has the absolute discretion to judge or not to judge any entry without giving reasons or recourse for its decision.
  9. Entries will be rejected if they:
    a. contain defamatory, malicious, indecent or other inappropriate content;
    b. have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means;
    c. include trademarks, logos, copyright material designs or any other third party owned materials in a meaningful manner;
    d. include the names, images likenesses, or photographs, or similar of any individual taken without their express permission;
    e. represent a danger to health or safety;
    f. disparage the Promoter or any other person or party affiliated with the promotion.
  10. Rights to use the entry: Entrants must warrant that the photograph is the sole work and original creation of the Entrant or alternatively that the Entrant has been given the rights of use by the owner of the photograph and that the original image is available upon request. In addition the photographer must have the permission of all those in the photo, if applicable, to be featured in the photograph and entered into this promotion. Written confirmation of these agreements may be requested to accept entry.
  11. The Rewards will be awarded to the named Entrant, regardless of who may have taken the photograph or who else is featured in the photograph.
  12. Entrants acknowledge that other Entrants may have submitted ideas and concepts that may be similar to his/her entry, and that he/she will not be entitled to any compensation or right to negotiate with the Promoter over such matters.
  13. Selection Process. Images will be reviewed by the promoter on an ongoing basis and the promoter will endeavour to respond to successful entrants within 12 months of receipt of image. They will use the following criteria:
    a. Creativity and Originality of photo
    b. Interesting composition or framing
    c. Technical Quality such as clarity and lighting
    d. Suitability for use as an image in the Promoter's marketing materials
    e. That the photo has been taken on a Brendan Vacations tour
  14. Entrant Communication: Those Entrants who are awarded a Reward will be contacted via the email address submitted within 12 months of successful image upload and will be asked for their full mailing address in order for the Reward to be sent to the Entrant.
  15. In the event that a Reward Winner is unreachable, ineligible, or fails to respond as set out above in the time required, they shall forfeit their reward.
  16. For the avoidance of doubt, Copyright in a winning image will remain with the creator of the photograph. However by entering this promotion, the Entrant confirms that they have the authority to give the Promoter an exclusive worldwide and royalty free licence to edit or publish their entry on the Promoter's website, Facebook or other digital media as well as associated travel print media and other possible promotional use in media of the Promoter's choosing without any further payment or royalties, and that the entrant will not make the image available to any other travel operator during this time.
  17. On behalf of the Entrant, and on behalf of their heirs, executors, administrators, successors and assigns, the Entrant releases and discharges the Promoter from any liability by virtue of the exercise of their rights in use of the their submission, including without limitation any blurring, distortion, alteration, optical illusion, or use in composite form that may occur or be produced regarding the use of their name or the taking of said photograph(s), statements made by the Entrant, internet posting or other web publication, or other likeness of the Entrant in any processing thereof through completion of the finished product, and including without limitation any liability based on rights of publicity, invasion of privacy and other civil rights, moral rights, copyright infringement, defamation, libel and slander. The Entrant waives any right they may have to inspect or approve any uses made of the their submission in connection with this consent/release.
  18. The Promoter shall not be liable for any interruption to this promotion whether due to force majeure or other factors beyond the Promoter's control.
  19. No responsibility is accepted for entries lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind. Proof of transmission will not be accepted as proof of receipt.
  20. By entering this promotion the Entrant agrees to be bound by these terms and conditions.
  21. The Promoter reserves the right at its absolute discretion to disqualify entries which it considers do not comply with these terms and conditions or any participant who it reasonably believes has interfered with the fair running of this competition.
  22. The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid entries including, without limitation, to require further verification as to the identity, age, and other relevant details of a participant or voter.
  23. The Promoter's decision is final and no correspondence will be entered into.
  24. Privacy: Any personal data submitted by an Entrant shall be used by the Promoter solely to the extent necessary for the purpose of the promotion and it shall not share that personal data with any third party save to the extent necessary for that purpose and then in accordance with all applicable data protection law and the Promoter's privacy policy at: www.BrendanVacations.com/Privacy-Policy.
  25. By entering the promotion, the Entrant consents to the use of such personal data in accordance with these terms.
  26. By entering the promotion, the Entrant agrees to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the promotion or with the acceptance, possession, attendance at or use of any prize (except death or personal injury caused by the Promoter's negligence, for fraud, or otherwise as prohibited by law).
  27. This promotion is governed by the Laws of California, USA.
The Promoter: Brendan Vacation, 801 East Katella Avenue. Anaheim California 92805.