Cartier vs Cash Terms and Conditions

Promotion Terms and Conditions – Ella Ding Enterprise Pty Ltd

Competition Terms and Conditions

Competition Schedule

PART A

1. Competition Name: Cartier + Cash Giveaway.

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. 

The Entrant should hold a valid, unsuspended Membership Package or One-Off  Membership during the Promotion Period. 

4. Maximum entries: 40,000 entries per person. 

5. Number of winners: There will be a maximum number of 3 Winners. 6. Territories: Australia-wide, except ACT and South Australia.

7. Promotion Period: Competition commences 01:00 AM on 06 April 2026 and ends at  06:30 PM on 26 May 2026 (AEST).

Notwithstanding the above, for new customers purchasing OneOff Memberships, the  Competition will close automatically, and entries will no longer be accepted once a total  of 1,555 unique customer entries have been received, even if this occurs before the  scheduled closing date.

8. Prizes: 

a) 1st Prize: 

i. Option A: Panthere de Cartier watch, valued at $6,750 + $13,000 Cash; OR ii. Option B: $20,000 Cash; 

(For the avoidance of doubt, if the Winner chooses Option A, they will not  receive the Option B, and vice versa.)

b) 2nd Prize: $200 Store Credit, which may be used at the Promoter’s Website (except  for Memberships);

c) 3rd Prize: $100 Store Credit, which may be used at the Promoter’s Website (except  for Memberships).

For the purposes of this Competition, the total prize pool is estimated to be no more than  $20,300. 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

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

If the Prize is a Vehicle, 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 07:30 PM, 26 May 2026 (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. Entry is open to residents of the Territories.

4. 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.

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Selection of Winner

5. 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. 

6. Prizes will only be awarded to the person named on entry, subject to their entry complying  with these terms and conditions.

7. Subject to clause 8, if a Winner is selected but passes away before claiming the prize (or  part of it), the prize will be awarded to the Winner’s estate, provided a certified copy of the  Winner’s death certificate is supplied within one (1) week of the Draw Date. 

8. If for any reason, a prize or element of a prize is unclaimed by the Winner or its estate within 2 weeks of the drawing date despite reasonable steps by the Promoter to contact  the Winner, the prize will be re-drawn at 06:00pm, on 26 August 2026 (AEST) at the Head  Office.

9. 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. 10. 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

11. Prizes are provided on an "as is" basis and the Promoter will not make any modifications  to the Prizes at the Winner's request.

12. The Promoter will not be liable for any delivery of prizes to a wrong address or account due  to any error by the Winner.

13. 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.

14. 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.

15. 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.

16. 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

17. 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.

18. 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.

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Intellectual property

19. 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.

20. 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

(c) the Promoter’s use of the content will not infringe or violate any third-party rights,  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.

21. 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

22. 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.

23. 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, technical issues or outages affecting the entry form  or website, payment gateways, email or SMS systems, or the draw system, as well as  incidents or policy/algorithm changes on third-party platforms (including, without limitation,  Meta, Instagram or Google) that significantly affect campaign reach, advertising delivery or  audience access, 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.

24. 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;

(c) engaged in any unlawful conduct;

(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

25. 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).

26. The Entrant agrees that it releases Instagram from any and all liability to the Entrant arising  out of or in connection with the Competition.

27. 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;

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(c) use multiple Instagram accounts to enter the Competition; or

(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

28. 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. 

29. 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.

30. 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);

(c) the unavailability or inaccessibility of any service whether or not caused by traffic  congestion on the Internet or at any website;

(d) any theft, unauthorised access or third party interference;

(e) electronic or human error which may occur in the administration of the Competition; (f) any variation in prize value as stated in the Schedule;

(g) any tax liability incurred by a Winner or Entrant;

(h) redemption or use of a prize; and

(i) 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.

31. 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

32. 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,

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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;

(c) The Promoter must provide notice to the Entrant / Winner, and resume its  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.

33. 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.

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

35. 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/16467.

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