These Terms and Conditions (Terms) apply to the Petite Etoile Ballet Party Competition (Competition) through which selected winner(s) may receive the prizes described in these Terms. The Competition is organised by Flo Dancewear Pty Ltd ABN 38 110 874 345 trading as Petite Etoile (Petite Etoile). By submitting an entry for the Competition, you agree to be bound to these Terms. 1. APPLICATION (a) Information on how to enter and prizes form part of these Terms. By participating, entrants agree to be bound by these Terms. Entries must comply with these Terms to be valid. (b) The Organisers are Petite Etoile. 2 COMPETITION PERIOD The Competition will commence on 1 August 2023 at 9:00AM AEST and end on 30 October at 9:00AM AEST (Competition Period). 3 ELIGIBLE ENTRANTS (a) Entry is open to Australian residents over the age of 18 (Eligible Entrants). (b) Directors, management, employees and contractors of Petite Etoile and their immediate family are not eligible to enter the Competition. In addition, retailers, stockists, suppliers, associated entities and agencies engaged by Petite Etoile or related to the Petite Etoile or the Competition are ineligible to enter. (c) For the purposes of clause 3(b), “immediate family” includes a person’s spouse, ex-spouse, de-facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin, whether or not they live in the same household. (d) The Competition requires no purchase or payment to enter. However, Eligible Entrants are responsible for all reasonable expenses to submit an entry. 4 SUBMITTING AN ENTRY (a) To enter the Competition, Eligible Entrants must: (i) purchase a product sold by Petite Etoile through any of its approved stockists or retailers; (ii) click the link emailed to the Eligible Entrant or scan the QR code on the swing ticket for the relevant product (as applicable) to access the online registration form; and (iii) submit the online registration form including the relevant product barcode, a valid response to the Competition question in 25 words or less, and any other information required by Petite Etoile. (b) Once the registration form is successfully submitted by an Eligible Entrant, and received and approved by Petite Etoile, the entry will be taken to have been officially submitted as a valid entry. Once an entry has been submitted, no changes to or withdrawal of the entry will be permitted. (c) Petite Etoile is entitled to reject any entry that is incomplete, incomprehensible or otherwise does not comply with these Terms. 5 JUDGING (a) For the avoidance of doubt, the Competition is a game of skill and chance does not play any part in determining the winners. (b) Judges from Petite Etoile’s marketing team will select the winning entries based on the adherence to the contest theme and mechanics, originality and creativity (Criteria). (c) Only two (2) winners will be selected in the Competition. 6 ANNOUNCEMENT OF WINNERS Petite Etoile will announce two (2) winners from the approved entries by 10 November 2023 and notify them in writing (Winner Announcement). 7 PRIZE (a) Petite Etoile will make the following prizes available for delivery or redemption within 6 months of the Winner Announcement: (i) 11 x children’s party supply packs; (ii) 11 x Petite Etoile outfits (sizes 3 – 7 available only); (iii) 1 x voucher to redeem from a children’s ballet entertainer (max 1 hour);and (iv) 1 x voucher to redeem from a caterer (max value of $300 inc GST). (collectively, Prize) (b) In these Terms, “Prize” can mean either the collective Prize or any part of the Prize, as determined by context in the relevant provision. (c) Petite Etoile may, in its absolute discretion: (i) select any third party supplier or service provider to fulfil any part of the Prize (Third Party Supplier). For the avoidance of doubt, Petite Etoile will select a Third Party Supplier to provide the children’s ballet entertainment and catering services however the dates and times of attendance and venue must be coordinated directly between the Eligible Entrant and the relevant Third Party Supplier; (ii) determine the specific contents of the children’s party supply packs; and (iii) select any combination of Petite Etoile outfits. (d) All taxes and local government fees (excluding GST) that may be payable as a consequence of receiving the Prize are the sole responsibility of the winners.(e) Petite Etoile is not liable for any loss or damage (even if caused by negligence) as a result of any winner accepting and/or using the Prize, except for any liability which cannot be excluded by law. (f) Eligible Entrants acknowledge that Petite Etoile makes no promise or guarantee regarding the suitability of the Prize and that any products or services received as a consequence of winning the Prize are not the responsibility of Petite Etoile. (g) If the winners have an issue or complaint with a Third Party Supplier, the winners must raise their issue or complaint with the Third Party Supplier. The winners acknowledge and agree that Petite Etoile is not responsible for resolving the issue (though they may choose to do so). 8 PRIZE SUBSTITUTION (a) In the event that any part of the Prize becomes unavailable for reasons beyond Petite Etoile’ control, Petite Etoile may, at their absolute discretion, substitute a prize (or the relevant part of a prize) with a prize of equal or greater value. (b) The Prize is not redeemable for cash or credit under any circumstances. 9 UNCLAIMED PRIZES (a) Petite Etoile will use its best endeavours to contact the winners of a Prize using the contact details provided in their entry. However Petite Etoile will not be liable for the winners’ failure to receive a notification of winning if they provided incorrect contact details, their email security settings caused the notification to enter the spam or junk folder, or if they have not updated their domain or email subscription to receive the notification. (b) If a Prize is not accepted or claimed within 1 week of the Winner Announcement, the winner(s) that failed to accept or claim the Prize will no longer be entitled to the Prize. If the winner(s) fail to comply with the instructions in a written notification on claiming the Prize, the winner(s)’ entry will be disqualified and they will not be entitled to the applicable Prize. (c) If the winner(s) do not accept or claim a Prize in accordance with clause 9(b), then the Prize can no longer be redeemed by the winners. Petite Etoile reserve the right to appoint new winner(s) by conducting a second judging round of the entries in accordance with clause 5(b). 10 USE OF ELIGIBLE ENTRANTS’ PERSONAL INFORMATION (a) Personal information including Eligible Entrants’ first and last names, addresses, telephone numbers, emails and birthdays will be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including Petite Etoile’ agents or Third Party Suppliers, for the purposes of conducting the Competition and/or delivering the Prize (Purpose). (b) In completing the registration form, Eligible Entrants may tick the checkbox to subscribe to Petite Etoile’s newsletter. By ticking this box, Eligible Entrants consent to receiving promotional and marketing materials from Petite Etoile. (c) Petite Etoile may contact the winners for additional personal information for promotional and marketing purposes, including photos and/or videos of the winners (if consented to) to publish on various social media platforms without payment. If the winners consent to this request, the winners agree that Petite Etoile may use this information and publish it on social media without payment, and disclose it to other organisations or persons for these promotional and marketing purposes. (d) Eligible Entrants may access, change and/or update their personal information by emailing Petite Etoile at info@petiteetoiledancewear.com.au. 11 ENTRY CONTENT (a) Entries must be the Eligible Entrants’ original work. Petite Etoile reserve the right to require the Eligible Entrants to verify that the entry is the Eligible Entrants’ original work. If Petite Etoile are unable to verify that the entry is original work to their satisfaction, the entry will be deemed invalid. (b) Eligible Entrants warrant that their entry is not in breach of any third party intellectual property rights. Entrants agree to indemnify Petite Etoile and their associated agencies against all losses, damages, claims and costs by third parties arising out of, connected to, or resulting from, a breach of the warranty set out in this clause. (c) Eligible Entrants’ entries and any subsequent information or material provided by the winners must not include: (i) any images, video or voice of any person without that person’s express consent (including by ensuring that person has signed a release form); (ii) any content that contravenes any law; and (iii) any content that is obscene, offensive, potentially defamatory, discriminatory, indecent, prejudicial or inconsistent with prevailing community standards. (d) By entering this Competition, Eligible Entrants consent to Petite Etoile dealing with their entry content in any way that may otherwise the Eligible Entrant’s moral rights, and agree not to assert their moral rights (wherever such rights are recognised) in respect of their entry against Petite Etoile or its assignees, licensees or successors. (e) Eligible Entrants consent to providing an original copy of the entry content for Petite Etoile to use and publish, or edit for the purpose of shortening the content for use and publication, on various social media to promote the Competition. (f) Eligible Entrants consent to Petite Etoile using their name and entry content in the event that they become a winner in the Competition, in any media for an unlimited period of time without remuneration or compensation for the Purpose and/or promoting any services supplied by Petite Etoile. 12 GENERAL CONDITIONS (a) Petite Etoile’ judging criteria and decision to award any Prize to a particular entry is final and binding and no correspondence will be entered into in relation to any disputes associated with Petite Etoile’ decisions. (b) Petite Etoile accepts no responsibility for late, lost or misdirected entries or other communications. (c) Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant’s responsibility to notify Petite Etoile. A request to access or modify any information provided as part of the redemption of a Prize should be directed to Petite Etoile. (d) Petite Etoile may at their absolute discretion request verification of any personal information of Eligible Entrants provided for the purposes of the Competition and arranging a Prize, including but not limited to bank account details and passport information. (e) Petite Etoile reserve the right to disqualify any individual who breaches these Terms, submits an entry that is not in accordance with these Terms, or who is involved in any way in interfering or tampering with the fair and proper conduct of this Competition. Failure by the Organiser to enforce any of its rights does not constitute a waiver of those rights. (f) By entering this Competition, Eligible Entrants acknowledge and agree that these Terms, the Competition and the consequences of receiving a Prize may be subject to the Terms of Third Party Suppliers and other third party service providers such as social media platforms (Third Party Terms). Petite Etoile will not be liable for any damage or loss suffered by the Eligible Entrants in connection with such Third Party Terms. (g) Participants in the Competition may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by Petite Etoile. These Terms do not exclude, restrict or limit those statutory rights in any way. However, to the maximum extent that it is permitted to do so by law, Petite Etoile (including its officers, employees and agents) exclude all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, incidental, special or consequential, arising in any way out of the Competition, including, without limitation: (i) any technical difficulties or equipment malfunction (whether or not under Petite Etoile’ control); (ii) any theft, unauthorised access or third party interference; (iii) any entry that is late, lost, altered, damaged or misdirected (whether or not after the receipt by the Organiser) due to any reason beyond the reasonable control of Petite Etoile; (iv) any variation in market value of the Prize to that stated in these Terms; (v) any tax implications and/or;(vi) the Prizes or use of the Prizes. (h) Eligible Entrants and winners of the Competition agree at all times to indemnify and hold harmless Petite Etoile and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused by the Eligible Entrants and/or winners or their officers’, employees’ or agents’: (i) breach of any term of these Terms; or (ii) negligent, fraudulent or criminal act or omission. (i) Petite Etoile will not liable for performance delays nor for non-performance due to causes beyond their reasonable control, including any decision of a government authority in relation to COVID-19. If the Competition is not capable of running as planned, Petite Etoile reserve the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, or amend these Terms, unless to do so would be prohibited by law. (j) These Terms are governed by the laws applying in Victoria, Australia.