Jimny vs $25,000 Terms & Conditions

Competition Terms and Conditions

Competition Schedule

PART A

1. Competition Name: Brand New Suzuki Jimny or $25,000 Cash.

2. Promoter: Ella Ding Enterprise Pty Ltd (ACN 659 503 652) (Promoter) of Level 12, 468

St Kilda Road, Melbourne VIC 3004 (Head Office). Contact details available at:

www.ellamayding.com.au.

3. Entry Requirements:

Entrants must be at least 16 years of age, must reside in Australia and must purchase a

membership package, which can either be a subscription package or a one-off package,

via the Promoter's website located at www.ellamayding.com.au (Website), which gives

the purchaser access to special discounts via the Ella May Discount Club, exclusive

events across Australia, exclusive product releases and the EMD merchandise range

(Membership Package). The Entrant will receive a specific number of entries and

package inclusions depending on the Membership Package purchased and as set out

on the Membership Package page on the Website.

If the Entrant is under 18 years of age, the Entrant must have parent/guardian approval

to enter the Competition, and the parent/guardian of the Entrant must read and consent

to these terms and conditions. The Promoter may require the Entrant’s parent/guardian

to enter into a further agreement as evidence of consent of the minor entering this

Competition.

4. 5. Maximum entries: 15,000 per person.

Number of winners: There will be a maximum number of 1 Winner.

6. Territories: Australia-wide, except ACT and South Australia.

7. Promotion Period: Competition commences 12:00AM on 28 July 2025 and ends at

07:30pm on 09 September 2025 (AEST).

8. Prizes:

The Winner may elect to receive either:

(a) Brand New Suzuki Jimny, in Jungle Green, valued at $40,000 (Vehicle

Prize); or

(b) $25,000 Cash Prize (Cash Prize).

(For the avoidance of doubt, if the Winner chooses the Cash Prize, they will not receive

the Vehicle Prize, and vice versa.)

For the purposes of this Competition, the total prize pool is estimated to be no more

than $40,000. The Prize must be taken as stated and is not transferable to another

person, unless agreed to in writing by the Promoter. The Prize is not exchangeable for

other goods or services from the Promoter. Any additional expense incurred as a result

of winning this prize is the responsibility of the Winner.

The Promoter will pay for the delivery of the Prize to the Winner's nominated address.

The Promoter will pay for stamp duty, six (6) months’ registration with a standard

number plate and reasonable transfer costs of the vehicle to the Winner, however it is

the Winner's responsibility to cover insurance and any other costs pertaining to the

Prize. The Promoter reserves the right to substitute the Prize with an equivalent cash

prize in its sole discretion.

9. Prize date and selection of winners: All entrants will be entered into the draw in

accordance with the number of entries held. Each entry will be represented

proportionally under the entrant’s name in the official draw list, which is used for random

selection via a government-approved system at 08:30pm on 09 September 2025

(AEST), at the Head Office.

10. Publication of winners: Winners will be personally notified by email within seven (7)

days of the draw. Winners will also be announced online at www.ellamayding.com.au

and the Promoter’s Social Media Accounts within seven (7) days of the draw and will

remain published for a minimum period of twenty-eight (28) days.

11. Winner eligibility: To be eligible to win, the Entrant’s details provided to us must

contain correct and accurate information. Employees of the Promoter and family

members of employees of the Promoter are not eligible to win.

12. Prize Delivery: Prizes will be delivered to the Winners to their nominated address or

email address (at the Promoter’s discretion) within twenty-eight (28) business days of

the Draw / re-draw date. If the Prize contains a cash prize, it will be delivered to the

Winner by bank transfer to their nominated bank account. The Promoter will pay for the

delivery of the Prize to the Winner's nominated address. However, the Winner is

responsible for any other costs associated its receipt of the Prize, including any taxes or

transfer duties or costs.

The Promoter may need to drive the vehicle prize to the Winner’s address for delivery

and may also film a promotional video documenting the competition. The vehicle may

accrue additional mileage during this process.

13. Force Majeure on Prize Delivery: The Promoter shall not be liable for any failure or

delay in delivering the Prize within the specified timeframe due to circumstances beyond

its reasonable control, including but not limited to acts of God, natural disasters,

pandemics, government restrictions, industrial disputes, supply chain disruptions,

transportation delays, or any failure or delay caused by the Prize Supplier(s) ("Force

Majeure Event").

In the event of a Force Majeure Event, the Promoter will use all reasonable efforts to

arrange for the delivery of the Prize as soon as practicable. The winner will be notified of

any expected delays and, where possible, offered an alternative prize of equal or

greater value, subject to availability and at the Promoter’s sole discretion.

PART B

1. Information on how to enter and information provided in Part A form part of these terms

and conditions and by entering into this Competition, each Entrant is deemed to have

accepted and understood these terms and conditions. The Entrant agrees that these

terms and conditions constitute all of the terms and conditions between the Entrant and

the Promoter governing this Competition.

Participation

2. To enter, Entrants must meet all of the Entry Requirements to enter the Competition as

set out in the Schedule. The Entrant warrants and represents to the Promoter that it

meets all of the Entry Requirements.

3. 4. Entry is open to residents of the Territories.

The Competition will be open during the Promotion Period. All eligible entries must be

received by the Promoter during this time. Entries are deemed to be received at the time

of receipt by the Promoter and not at the time of transmission by the Entrant.

Selection of Winner

5. 6. 7. The Winner will be selected by random draw, on the dates and at the location outlined in

Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be

ineligible to win.

Prizes will only be awarded to the person named on entry, subject to their entry complying

with these terms and conditions.

If for any reason, a prize or element of a prize is unclaimed by the Winner within 2 weeks

of the drawing date (i.e. by 09 September 2025) despite reasonable steps by the

Promoter to contact the Winner, the prize will be re-drawn at 5:00pm AEST, on 09

December 2025 at the Head Office.

8. The Winner of the re-drawn prize will be:

a. notified by email within 7 days of the re-draw;

b. announced online at www.ellamayding.com.au within 7 days of the re-draw; and

c. published on the Promoter's social media accounts within 30 days of the re-draw

and will remain published for a minimum period of twenty-eight (28) days.

9. The Entrant is solely responsible for ensuring that it is eligible to be a Winner, and the

Promoter will not be in any way liable to an Entrant, should the Entrant be found to be

ineligible to win the Competition.

Prizes

10. Prizes are provided on an "as is" basis and the Promoter will not make any modifications

to the Prizes at the Winner's request.

11. The Promoter will not be liable for any delivery of prizes to a wrong address or account

due to any error by the Winner.

12. If the Winner claims a prize but is found to be in eligible or if the Winner does not provide

valid delivery details within the time frame specified by the Promoter, the Winner forfeits

the Prize and it will not be re-drawn.

13. The Promoter will not be liable for re-drawing or providing a replacement prize for any

Prizes that are not received by the Winner due to being lost in transit, stolen or due to any

failure to accept delivery by the Winner or due to any error in details provided by the

Winner.

14. The Prizes may contain goods or services from 3rd party brands. Unless otherwise

specified, the provision, advertisement or offer of prizes from a 3rd party brand does not

constitute any sponsorship, approval or endorsement of the good, service, content,

policies, practices or services offered by those parties.

15. Where a Prize is specified to be delivered directly from the 3rd party prize supplier, as a

condition of entry, the Winner agrees that its details may be provided to the 3rd party prize

supplier by the Promoter on its behalf for the purpose of delivery of the Prize to the

Winner.

Personal information

16. As a condition of entering this Competition, Entrants agree to provide personal

information to the Promoter. Personal information collected during the course of this

Competition will be dealt with in accordance with the Promoter’s Privacy Policy, located at

www.ellamayding.com.au. Personal information submitted may be provided to third

parties for the purpose of administering this Promotion and distributing the prizes,

including to agents, contractors and prize suppliers. The Promoter may also use this

personal information to contact you regarding, marketing, offers or Promotions from time

to time.

17. As a condition of entry, each Entrant agrees to be photographed and filmed, including

during the prize delivery and/or prize experience (e.g., car pickup, travel handover, etc.),

for use by the Promoter in marketing and promotional materials. Each Entrant also agrees

that the Promoter may use their name (either in full or in part), likeness, voice and image

(including any photograph and film) in any marketing and promotion (i.e. Website, Social

Media, email, paid advertising, press/media release, etc.) of any products manufactured,

distributed and/or supplied by the Promoter, for an unlimited period of time and the

Winner will not be entitled to any fee for such use.

Intellectual property

18. By uploading, publishing, transmitting or making available any data, content or other

material in connection with this Competition (Entrant Content), the Entrant agrees to

grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free,

perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate,

reproduce, modify, adapt, publish, publicly perform, translate, create derivative works

from, distribute and display in any form, any such content, including but not limited to text,

images, videos, graphics, audio and photographs without attribution.

Competition Terms for Ella Ding Enterprise Pty Ltd

| Version: 31853/22 July 2025 Page 3 of 6Promotion Terms and Conditions – Ella Ding Enterprise Pty Ltd

19. The Entrant warrants and represents that:

(a) it holds all the intellectual property rights to the Entrant Content;

(b) it has the authority and licence to upload, make available and licence the Entrant

Content to the Promoter; and

including but not limited to defamation, intellectual property rights, moral rights and

privacy rights and will not give rise to an obligation to make any payment to a third

party.

20. The Entrant agrees that they are solely liable for the Entrant Content and that, to the

fullest extent of the law, the Promoter shall not be liable in any way for such Entrant

Content.

Reservation of rights

21. The Promoter reserves the right to request each winner to provide proof of identity or

proof of residency at the address specified in their submission in order to claim a prize.

Proof of identification and residency is at the absolute discretion of the Promoter. In the

event that a Winner cannot provide suitable proof, the Winner will forfeit the prize, and no

substitute will be offered.

22. The Promoter may, in its absolute discretion, modify or cancel the Competition and may

administer this Competition in the manner that it considers appropriate in accordance with

Australian law, including where the Competition is not capable of running as planned,

such as where there has been infection by computer virus, bugs, tampering, unauthorised

intervention, fraud, technical failures or any other causes beyond the control of the

Promoter which corrupt or affect the administration security, fairness, integrity or proper

conduct of the Competition.

23. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or

is suspected by the Promoter to have:

(a) breached any of these terms and conditions;

(b) tampered with the entry process or the Competition;

(d) engaged in any other improper misconduct calculated to jeopardise the fair and

proper conduct of the Competition or the reputation of the Promoter.

Instagram terms

24. The Competition is in no way sponsored, endorsed or administered by, or associated with

www.instagram.com and its related mobile application, both being owned by Instagram,

Inc. (Instagram).

25. The Entrant agrees that it releases Instagram from any and all liability to the Entrant

arising out of or in connection with the Competition.

26. The Entrant must not:

(a) harass or bully any other person, use offensive language, use language that defames

the Promoter, or use language that negatively impacts or intends to negatively impact

the reputation of the Promoter;

(b) use electronic programs, bots or similar technology to automatically submit entries;

(d) tag other accounts owned or controlled by the Entrant to enter the Competition and

agrees that it will only tag genuine friends or family in their entry,

and the Promoter reserves the right to disqualify any Entrant or Entry that breaches these

terms and remove any such entries from the Competition.

Exclusion of liability

27. The Promoter will not be liable for any late, lost or misdirected entries including due to

technical disruptions, delayed or misplaced postage, network congestion or for any other

reason. To the maximum extent permitted by law, the Promoter will not accept any

liability for any error, omission or failure to administer this Competition.

28. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify

and hold harmless the Promoter (including its officers, employees, agents and

contractors), from and against, all liability (including negligence), actions, claims, costs,

losses or expenses arising out of or in connection with: any act, omission, negligence,

fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its

nominees or agents and the Entrant or Winner’s acceptance of, use of or attempted use

of any prize(s) and participation in the Competition, including (but not limited to) loss of

income, damage to property and personal injury whether direct or consequential,

foreseeable, due to some negligent act or omission or otherwise.

29. Except for any liability that cannot be excluded by law, the Promoter (including its officers,

employees, agents and contractors) 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 Competition, including, but

not limited to, where arising out of the following:

(a) inaccurate or incorrect transcription of entry information;

(b) any technical difficulties or equipment malfunction, malfunction of any telephone

network or lines, computer online systems or network, servers or providers,

computer equipment, or software (whether or not under Promoter ’s control);

congestion on the Internet or at any website;

(d) (e) (f) (g) (h) (i) any theft, unauthorised access or third party interference;

electronic or human error which may occur in the administration of the Competition;

any variation in prize value as stated in the Schedule;

any tax liability incurred by a Winner or Entrant;

redemption or use of a prize; and

any act or omission, deliberate or negligent, by the Promoter, or its employees or

agents, in connection with the arrangement for supply, or the supply, of any goods

or services by any person to a Winner and, where applicable, to any family/persons

accompanying a Winner.

30. To the maximum extent permitted by law, the Promoter's total aggregate liability to the

Entrant under or in any way connected with these terms and conditions and the

Competition, or the performance or non-performance of these terms and conditions is

limited to an amount equal to any amounts paid by the Entrant to the Promotor in the

three (3) month period immediately preceding the date on which the relevant claim arose,

which may be zero.

General

31. Force majeure: In this clause, Force Majeure Event means a circumstance beyond the

reasonable control of a party and which results in the party being unable to observe or

perform on time an obligation under this Agreement, including but not limited to: acts of

God, earthquakes, lightning strikes, floods, droughts, storms, tempests, mud/land

slides, explosions, fires, pandemic, any natural disaster, acts of war, terrorism, civil

commotion, malicious damage, riots and revolution.

If by reason of any Force Majeure Event, the Promoter is unable to perform in whole or

in part any obligation under this Agreement then:

(a) The Promoter will notify the Entrant / Winner of the Force Majeure Event in writing

as soon as reasonably practicable;

(b) Provided that the Promoter provided such notice, the Promoter is relieved of that

obligation under this Agreement to the extent and for the period that it is unable to

perform such obligation;

performance of its obligations as soon as it is reasonably able to do so unless

otherwise agreed in writing; and

(d) The Promoter will not be liable to the Entrant / Winner to this Agreement for failure

to perform such obligation to the extent and for the period of non-performance

contemplated by this clause.

32. These terms and conditions are governed by and will be construed under the laws of

Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of

Victoria and its appellate courts.

33. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver

of those rights.

34. Capitalised terms used throughout these terms and conditions are defined in the

Schedule unless specified otherwise.

Authorised under the following licence numbers: NSW Authority No. TP/03760.

NSW Notification No. NTP/13986