TERMS AND CONDITIONS OF ENTRY CAPRICE INSTAGRAM COMPETITION

1. Instructions, prizes and information on how to enter form part of these Terms and Conditions. By entering, entrant s accept these Terms and Conditions.

2. The Promoter is Caprice Australia Pty Ltd of 380 City Road, Southbank Victoria, 3006, Australia.

3. The promotional period begins at 12:30pm AEST on Monday 2nd May 2022 and concludes at 16:30 AEST on M onday 9th May 2022 (“Promotional Period”).

4. Entry is open to legal residents of Australia. Persons entering the Competition must be a minimum of thirteen (13) years of age. Employees (and their immediate families) of the Promoter and third parties associated with this promo

tion are ineligible to enter.

5. To be eligible to enter, individuals must, during the Promotional Period: a. b. c. Follow @capriceaustralia and @ maygibbsofficial on Instagram like the @capriceaustralia giveaway post and tag a fellow May Gibbs fan.

6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s id entity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with t hese Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Pro moter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of th ose rights.

7. Incomplete, indecipherable or illegible entries will be deemed invalid.

8. Multiple entries in the one Promotional Period are permitted.

9. The winners of the Promotion shall be judged by the Promoter and selected at random.

10. The judging will take place at 9:00am AEST on 12th May 2022 at Caprice Australia Pty Ltd of 380 City Road, S outhbank Victoria, 3006, Australia.

11. The winners will be notified by Instagram Direct Message. The Promoter’s decision is final.

12. Each prize will be delivered (at the Promoter’s expense) to the winner’s nominated delivery address, which must be a valid commercial or residential address in Australia.

13. The prize winners as judged by the Promoter will win a choice of sizes 1-7 of the May Gibbs Kids Puffer Jacket. 14. The prize is not transferable or exchangeable and cannot be taken as cash.

15. The winner’s consent to the Promoter using their name in any media for an unlimited period without remuneratio n for the purpose of promoting this Promotion (including any outcome).

16. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unau thorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, susp

end, terminate or cancel the promotion, as appropriate.

17. Any cost associated with accessing the promotional website(s) is the entrant’s responsibility and is dependent on the Internet service provider used.

18. Without limiting any other paragraph in these terms and conditions, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of the prize and will not accept responsibility for the quality or fitness for any purpose of any element of the prize, or the failure of any elem

ent of the prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the l iability of the Promoter is the minimum allowable by law.

19. The Promoter and its related bodies corporate will not be liable for any loss (including, without limitation, indire ct, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or su stained (whether or not arising from any person’s negligence) in connection with this Competition or accepting or us ing the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the m inimum allowable by law).

20. Without limiting the previous paragraph, the Promoter and its related bodies corporate will not be liable for any damage to or delay in transit of the prize.

21. Notwithstanding any other provision in these terms and conditions, the: (a) Promoter, the Promoter's related bod y corporates and all agencies associated with the Competition; and (b) the employees, agents, directors and contracto rs, of the Promoter, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or perso nal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or su stained by any person or entity (without limitation) in connection with, or arising from, the Competition or the accep tance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the max imum extent allowable by law). Nothing in these terms and conditions limits, excludes or modifies or purports to lim it, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as w ell as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territor ies of Australia. Without limitation on the foregoing, the Promoter is not responsible or liable for any costs, loss or d amage arising out of any incorrect or inaccurate information, or information provided by the entrant, any variation in prize value to that stated in these terms and conditions, any tax liability incurred by a winner or entrant, any costs w hatsoever associated with use of the prize or for any technical error, or any combination thereof that may occur in th e course of the administration of the Competition including any omission, interruption, deletion, defect, delay in oper ation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or u nauthorised access to or alteration of entries.

22. The Promoter may require a winner to provide identification as requested by the Promoter including (without lim itation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at t he Promoter’s discretion.

23. As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited

to a legal release and indemnity form.

24. This giveaway is in no way sponsored, endorsed, administered, or associated with Instagram. By entering entrant release, Instagram’s responsibility and agree to Instagram’s terms of use.

25. The laws of Victoria apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Victoria.