Promotion Terms and Privacy

This promotion (Promotion), known as The Foundation Edit, is conducted by The Merch Edit Pty Ltd, ABN 38 697 450 043, of PO Box 1244, Aldinga Beach SA 5173 (Promoter, TME, we, us).

• Promotion Period: commences 9:00 am ACST on Monday 3 August 2026 and closes 11:59 pm ACST on Sunday 30 August 2026. Entries received outside the Promotion Period will not be valid. The nominated account must satisfy the follow requirement in clause 6 no later than this closing time.
• Original draw: 8:00 pm ACST on Tuesday 1 September 2026, conducted electronically. The draw will be administered by the Promoter from Port Noarlunga, South Australia, during a recorded videoconference attended by both Directors of the Promoter.
• Original provisional winner notification: by Wednesday 2 September 2026.
• Original confirmation deadline: 5:00 pm ACST, Wednesday 16 September 2026.
• First redraw (if required): 8:00 pm ACST on Friday 18 September 2026.
• First-redraw notification: by Saturday 19 September 2026.
• First-redraw confirmation deadline: 5:00 pm ACST, Friday 2 October 2026.
• Second redraw (if required): 8:00 pm ACDT on Tuesday 6 October 2026.
• Second-redraw notification: by Wednesday 7 October 2026.
• Second-redraw confirmation deadline: 5:00 pm ACDT, Wednesday 21 October 2026.
• Third redraw (if required): 8:00 pm ACDT on Friday 23 October 2026.
• Third-redraw notification: by Saturday 24 October 2026.
• Third-redraw confirmation deadline: 5:00 pm ACDT, Friday 6 November 2026.
• Any further redraw beyond the third: conducted within 2 business days after the previous forfeiture is formally recorded, and repeated on the same basis - notification the following business day, and a confirmation deadline 14 days after notification - until the affected Prize is confirmed. See clause 13.
• Any redraw will be conducted electronically, administered by the Promoter from Port Noarlunga, South Australia, during a recorded videoconference. Both Directors will attend where reasonably practicable, and an auditable record will be retained in all cases.
• Entry-number publication: within 7 days of each draw, redraw or Reserve elevation, at the results page.
• Confirmed-Winner-name publication (VIC, once verified): as each Winner is confirmed, at the results page, remaining online for at least 28 consecutive days from the date of the final update.
• Jurisdictions: this Promotion is open to eligible businesses trading in New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania. The Australian Capital Territory and the Northern Territory are excluded. Entrants whose principal place of business is in the ACT or NT are not eligible to enter.
• Total prize pool: AUD $3,960 incl. GST (three prizes, each valued at $1,320 incl. GST).

In these Terms and Conditions:

• Eligible Business means the business entity that submits a valid Entry and, if drawn and subsequently confirmed, receives the Prize.
• Authorised Representative means the individual who submits an Entry on behalf of an Eligible Business, on the basis of the declaration in clause 4.
• Entry means a completed official entry form, submitted during the Promotion Period by an Authorised Representative of an Eligible Business, together with compliance with the follow requirement in clause 6. Nomination of an Approved Platform and account name or handle on the entry form, without actual compliance with the follow requirement, does not constitute a valid Entry.
• Approved Platform means Instagram, Facebook or TikTok, at the accounts specified in clause 6.
• Provisional Winner means an Eligible Business whose Entry has been drawn in one of the primary positions for a Prize, or elevated from the applicable Reserve List under clause 9, but not yet confirmed under clause 10.
• Reserve and Reserve List have the meaning given in clause 9.
• Winner means an Eligible Business that has been confirmed under clause 10.
• CSA means The Merch Edit's Client Services Agreement, comprising a Client Engagement Summary and Terms and Conditions of Service. For a Winner, the standard Client Engagement Summary is replaced by the Promotion CES and Winner Schedule described in clause 15.
• Promotion CES means the version of the Client Engagement Summary that applies specifically to Prize recipients under this Promotion.
• Winner Schedule means The Foundation Edit Winner Schedule, which records the specific variations to the CSA that apply to a Winner because a Prize was received under this Promotion.
• Winner Onboarding Pack means, together, the Promotion CES, the Winner Schedule, the unchanged Client Services Agreement Terms and Conditions, and the Authority to Proceed and Acceptance.
• Setup Fee means The Merch Edit's standard Store Architecture fee, valued at $1,320 incl. GST.

To be eligible to enter, a business must, at the time of entry:

• be a currently trading Australian gym, fitness studio, Pilates studio, yoga studio, dance or movement studio, CrossFit affiliate, martial arts academy, boxing or combat-sport gym, sporting club, swimming club, athletics club, specialist training academy, or comparable training or movement community;
• have its principal place of business in a jurisdiction listed in clause 2 (i.e., not the ACT or NT);
• be capable of entering into a legal agreement (including the Winner Onboarding Pack); and
• not, at the time of entry, be bound by an existing arrangement that would prevent it from receiving or implementing the Prize.

The Promoter may determine, acting reasonably and consistently, whether a business falls within the category of "comparable training or movement community" for the purposes of this clause.

The Entry must be submitted by an Authorised Representative who declares, by submitting the Entry, that they:

• are at least 18 years of age;
• are authorised to submit the Entry and to accept these Terms and Conditions on behalf of the Eligible Business; and
• have provided accurate and complete information.

This declaration is a threshold representation relied on at the time of entry and initial verification. It is not, by itself, proof that the Authorised Representative (or any other individual) holds authority to bind the Eligible Business to the Winner Onboarding Pack. That authority is established separately, at confirmation, through execution of the Winner Onboarding Pack by a person actually authorised to bind the Eligible Business as a legal entity, who may be a different person from the Authorised Representative who submitted the Entry.

One Entry is permitted per Eligible Business, determined by ABN or equivalent business registration. Multiple Entries from the same Eligible Business will be treated as a single Entry (the first valid Entry received).

The following are not eligible to enter or receive a Prize: directors, officers, employees and contractors of the Promoter who are involved in the conduct of this Promotion, and their immediate families; and any person involved in administering or conducting the draw.

This exclusion is limited to persons administering or conducting the draw. It does not extend to persons merely witnessing it.

No purchase or payment is required to enter this Promotion. A valid Entry requires both:

1. completing the official entry form at the Foundation Edit landing page during the Promotion Period; and
2. actual compliance with the follow requirement: the nominated account must be following at least one of the Promoter's Approved Platform accounts no later than the close of the Promotion Period, and must remain following when the Promoter conducts verification under clause 10:
   • Instagram: @the.merchedit
   • Facebook: facebook.com/merch.edit
   • TikTok: @the.merch.edit

Nominating an Approved Platform and handle on the entry form is not, by itself, sufficient - the nominated account must actually meet the follow requirement above for the Entry to be valid.

At entry, the Authorised Representative nominates one Approved Platform and the account name or handle used to follow the Promoter. This may be the Eligible Business's own account or the Authorised Representative's personal account, provided the Promoter can verify the follow relationship against the nominated account.

Following more than one Approved Platform is welcome but does not create an additional Entry and has no effect on an Entry's validity or chances in the draw. Likes, comments, tags, shares, and TikTok posts do not create an Entry or an additional Entry.

Tagging, mentioning or recommending a business on social media does not constitute an Entry. A business is entered only when an Authorised Representative submits a valid Entry via the entry form and meets the follow requirement above. The Promoter may invite social media users to tag a business that may benefit from the Promotion. This is an invitation only. It does not create an entry, does not confer any right on the tagged business, and does not require the Promoter to contact the tagged business.

The Promoter may deem an Entry invalid if it is incomplete, submitted outside the Promotion Period, submitted by an ineligible business, submitted in a manner inconsistent with these Terms and Conditions, or fails to meet the follow requirement described in clause 6 (including where the nominated account did not follow an Approved Platform account by the close of the Promotion Period, or is no longer following that account at the time the Promoter conducts verification). Where more than one Entry is received from the same Eligible Business, only the first valid Entry will be counted.

The Prize is a waiver of The Merch Edit's Setup Fee, normally valued at $1,320 incl. GST, for each of three Winners (total pool $3,960 incl. GST).

The Prize includes:

• store design and build;
• initial product curation;
• supplier and fulfilment setup; and
• launch-ready presentation,

as described in The Merch Edit's standard Store Architecture service and set out further in the Winner Onboarding Pack.

The Prize does not include:

• Seasonal Evolution (TME's optional seasonal refresh service, the twice-yearly paid refresh);
• any cost of merchandise ordered by customers of the Winner's store, which remains payable in the ordinary course;
• any sample garments or third-party costs not ordinarily included in the standard Store Architecture service; and
• any cash alternative. The Prize is not transferable or exchangeable for cash, in whole or in part.

No purchase of stock or inventory is required to accept or implement the Prize. The stated Prize value of $1,320 incl. GST reflects the Setup Fee waiver only. Following the Setup Fee waiver, ongoing management of the Winner's store continues under TME's ordinary commercial terms (no monthly fee, revenue via retail margin), on the same basis as for any other TME client. This ongoing arrangement is not itself part of the stated Prize value.

Delivery and implementation of the Prize is governed by the Winner Onboarding Pack and may be staggered across Winners at the Promoter's discretion, to ensure each project receives appropriate attention.

Every draw conducted under these Terms and Conditions, the original draw and each redraw, is conducted on the same model. At the original draw, the Promoter will draw the three primary Provisional Winner positions and one shared ranked Reserve List of six entries, used sequentially for whichever primary position(s) require substitution. At each redraw for a single affected Prize, the Promoter will draw one primary position and one fresh ranked Reserve List of six entries for that Prize.

Each Entry included in the relevant draw pool has an equal and random chance of being drawn. All primary and Reserve entry numbers for a given draw are selected without replacement, so the same Entry cannot occupy more than one position in that draw.

Threshold verification and reserve substitution. Following each draw, the Promoter will begin verifying each primary provisionally drawn entry against the matters that can reasonably be checked at that stage: the entrant's threshold declaration of eligible business type, current trading status, eligible jurisdiction, one entry per business, authorised-representative declaration (see clause 4), and the follow requirement (see clause 6, including the evidentiary process in clause 10). This verification process may include an evidence request and a response period; it is not necessarily completed within the draw session itself.

If a primary entry is found invalid on any of these threshold grounds, the next-ranked Reserve entry for that position takes its place, and this process continues in rank order until a provisionally valid entry has been identified for each position or the relevant Reserve List is exhausted. Reserve entries are drawn at the same time and by the same random method as the primary entries for that draw; elevating a Reserve entry is not a new or discretionary draw. If a Reserve List is exhausted without producing a provisionally valid entry for a Prize, the Promoter will proceed to the next redraw under clause 13 for that Prize.

Reserve entry numbers and rankings are not published or disclosed unless and until a Reserve is elevated to Provisional Winner status, at which point clause 2 governs the timing of publication.

Composition of each draw's entry pool. The draw pool available for a draw or redraw consists of entry-form submissions received within the Promotion Period that are not obvious duplicates of another submission from the same Eligible Business, and that have not already been excluded under this clause. An Entry is excluded from the pool once: it has been found invalid at any point (whether as a primary entry, or as a Reserve that was itself checked and found invalid); the Eligible Business submitting it has already been confirmed as a Winner; the Eligible Business is currently holding an unresolved Provisional Winner position (whether primary or elevated) in respect of another Prize; or, for a redraw conducted after a forfeiture, the Eligible Business whose Prize was forfeited in that round. An Entry drawn as an unused Reserve in an earlier draw does not carry forward with any priority into a later, separate draw, each draw and redraw selects its own primary position and its own ranked Reserve List afresh from the pool available to it at that time. Inclusion in the draw pool does not establish that an Entry is valid. Final validity, including eligible business type, trading status, jurisdiction and the follow requirement, is determined only through the threshold-verification process described above.

Where the draw is conducted electronically, it will be conducted using a random number generator that produces an auditable result record; the draw will not otherwise be conducted electronically.

Public witnessing of the draw is not practicable, as the draw is conducted at private business premises during a recorded videoconference. The Promoter will retain an auditable electronic record of the entry pool, assigned entry numbers, randomisation method, results, and the date and time of the draw, and will make this available to an authorised officer or a member of the Police Force on request. The Promoter will also retain the recorded videoconference.

The Promoter will notify each Provisional Winner as soon as reasonably practicable after the draw or Reserve elevation and, in all cases, by the applicable notification deadline stated in clause 2. TME's ordinary operational target is notification within one business day, but the fixed notification deadlines prevail where they require earlier notification. The notification will identify the prize drawn and explain the steps required to become a confirmed Winner.

For each draw or redraw, the Promoter will publish at the results page:

• the prize to which the draw relates; and
• the corresponding winning entry number,

for at least 7 days after the day of the applicable draw. Where a Reserve is elevated other than at a scheduled draw or redraw event, its entry number will instead be published within 7 days after the date of elevation.

A Provisional Winner will not become a confirmed Winner until it has, by the confirmation deadline stated in clause 2 for the applicable draw or redraw:

• been verified by the Promoter as satisfying the eligibility requirements in clause 4;
• been verified by the Promoter as meeting the follow requirement in clause 6, on the evidentiary basis described below;
• accepted the Prize in writing;
• nominated its primary contact for the project; and
• executed the Winner Onboarding Pack, by a person authorised to bind the Eligible Business as a legal entity (see clause 4).

Follow verification. The Promoter will check the nominated account against the Approved Platform specified in the Entry. If the follow relationship is visible, the Promoter will record the result and retain a screenshot. If it is not readily visible (for example, because the account is private, the platform's follow-visibility is limited, or the nominated account cannot be readily matched), the Promoter will request evidence from the Provisional Winner. The Provisional Winner then has 2 business days, within the overall confirmation period described above, to provide a screenshot or screen recording, taken while logged into the nominated account, showing the follow relationship. Consistent with clause 6, the requirement is that the nominated account followed an Approved Platform account by the close of the Promotion Period and remained following at the time verification is conducted. The Promoter must be reasonably satisfied that this requirement was met, evidence indicating that the account began following the Promoter only after being asked to provide evidence, or only after being provisionally drawn or elevated from a Reserve List, does not satisfy this requirement. Where platform records cannot conclusively establish historical timing, the Promoter may consider the platform record, screenshots, screen recordings, timestamps and any other reliable evidence in forming this view.

Before treating a Prize as forfeited under this clause, the Promoter will make reasonable efforts to contact the Provisional Winner, including the initial written notification, at least one written reminder, and use of any alternative contact method supplied at entry.

Where a Provisional Winner does not complete all of the requirements above by the applicable confirmation deadline despite these reasonable efforts, is found to be ineligible, or declines the Prize, the Prize will be forfeited and redrawn in accordance with clauses 12 and 13.

Confirmed Winners will be added to the results page as they are confirmed. The published details will include the Winner's public trading name (or, where a business has no separate trading name, its legal business name), suburb and state. Where a prize remains subject to verification, redraw, or reserve substitution, the results page will state this without identifying the Provisional Winner or any Reserve entry.

Once all three Winners have been confirmed, the complete list of winning businesses will remain published at the results page for at least 28 consecutive days from the date of the final update.

The Promoter may also announce confirmed Winners through its social media accounts and other communications. Those announcements do not replace publication on the results page required by this clause.

Confirmation under clause 10 constitutes acceptance and completion of all matters required for the Eligible Business to become a Winner, including execution of the Winner Onboarding Pack. No further competition eligibility, confirmation or redraw threshold applies after confirmation.

Once a Provisional Winner has accepted the Prize and executed the Winner Onboarding Pack, the Promoter will provide written confirmation that the Setup Fee has been waived. This written confirmation constitutes delivery of the Prize. The subsequent build and implementation of the Winner's store is performance under the executed Winner Onboarding Pack, governed separately, and may occur on a staggered timetable. Nothing in this clause requires the completed store to be built, launched or delivered within any particular period following confirmation.

If a confirmed Winner subsequently does not participate in the build, onboarding or implementation of its store, that is a matter governed by the Winner Onboarding Pack, in the ordinary way that applies to any other TME client relationship. It does not, without more, cause the Prize to be forfeited or redrawn. The Winner's ordinary project obligations under the Winner Onboarding Pack continue to apply after confirmation, "no further threshold applies" above refers only to competition mechanics, not to the Winner's substantive obligations as a client.

If a primary Provisional Winner entry is found invalid at the threshold-verification stage following a draw (see clause 9), it is replaced by the next-ranked Reserve entry for that draw, not treated as a forfeiture under this clause.

If a Provisional Winner (whether originally drawn or elevated from a Reserve List) subsequently does not respond to notification, does not complete all requirements for confirmation by the applicable confirmation deadline, is found ineligible after that point, or declines the Prize, the Prize will be forfeited. A redraw will be conducted for that Prize in accordance with clauses 9 and 13, from the draw pool then available under clause 9.

Each redraw draws its own primary position and its own ranked Reserve List for the affected Prize, following the same model described in clause 9. A redraw is conducted at the date, time and location specified in clause 2, or, for any redraw beyond the third, within 2 business days of the previous forfeiture being formally recorded. For each redraw, the Promoter will:

• notify the new Provisional Winner as soon as reasonably practicable after the redraw and, in all cases, by the applicable notification deadline stated in clause 2. TME's ordinary operational target is notification within one business day, but the fixed notification deadlines prevail where they require earlier notification;
• publish the newly drawn entry number (and the prize to which it relates) at the results page for at least 7 days after the redraw;
• apply the same threshold-verification and reserve-substitution process described in clause 9 to the new primary entry before treating it as a valid Provisional Winner;
• give the new Provisional Winner the confirmation period ending at the applicable confirmation deadline stated in clause 2 (or, for any redraw beyond the third, 14 days after notification); and
• add the confirmed business name, suburb and state to the results page once confirmed.

If a Prize remains unconfirmed after the third redraw referred to in clause 2, the Promoter will conduct further random redraws from the draw pool then available under clause 9 as soon as reasonably practicable after each forfeiture is determined, within 2 business days of that forfeiture being formally recorded, repeating this process, with the same notification standard and 14-day confirmation period, until the Prize is confirmed. This mechanism replaces any need for a further fixed, pre-scheduled redraw date beyond the third.

Once an Eligible Business becomes a confirmed Winner under clause 10, there is no further competition-mechanics deadline, forfeiture trigger, or redraw event tied to the Winner's subsequent participation in the build, onboarding or implementation of its store.

Any issue arising after confirmation, including a Winner's later non-participation, delay, or unresponsiveness during the build process, is governed by the Winner Onboarding Pack in the same way it would be for any other TME client, not by these Terms and Conditions.

As part of the confirmation process under clause 10, a Provisional Winner must execute the Winner Onboarding Pack, comprising:

• the Promotion Client Engagement Summary, which explains in plain English how The Merch Edit works and what is different because a Prize was received;
• The Foundation Edit Winner Schedule, which records the specific clause-level variations to the CSA that apply because the Setup Fee is waived, including (without limitation): the deemed liability cap of $1,320 incl. GST; the 30-day (plus 14-day remedy) lapsed-engagement trigger running from the date the Pack is signed rather than the date a Setup Fee is paid; case-study and publicity consent; and the minimum store-sharing requirements (at least one launch communication, and an accessible store link maintained for 90 days);
• the unchanged Client Services Agreement Terms and Conditions, applying to a Winner exactly as it applies to any other TME client except as expressly varied by the Winner Schedule; and
• a single Authority to Proceed and Acceptance, signed by the Winner and by either Director on behalf of the Promoter, confirming acceptance of the entire Winner Onboarding Pack.

Winner publication under clause 10 (business name, suburb, state) occurs automatically as a condition of the Prize.

As a further condition of the Prize, the Winner consents to the Promoter's use of approved finished-store imagery and a factual summary of the project for case-study and marketing purposes, subject to the Winner's approval of the specific material before publication (such approval not to be unreasonably withheld). Interviews, direct quotes, founder appearances and testimonials remain entirely optional, and the Winner is under no obligation to provide a positive testimonial.

This clause does not grant the Promoter a general or open-ended right to use a Winner's images or business information beyond what is described above and expressly agreed.

Personal information collected in connection with the Promotion will be handled in accordance with The Foundation Edit Privacy Policy.

The Foundation Edit Privacy Policy is a complete, self-contained policy published alongside these Terms and Conditions on this page. It explains the information collected for the Promotion, how that information is used, disclosed, stored and retained, the distinction between Promotion-administration communications and optional marketing communications, and how individuals may exercise their privacy rights.

Entrants do not need to consult TME's general website Privacy Policy to understand how personal information connected with this Promotion will be handled. TME's general website Privacy Policy continues to apply separately to other interactions with TME that are outside the scope of the Promotion.

By submitting an Entry, the Authorised Representative acknowledges that they have read The Foundation Edit Privacy Policy. Submitting an Entry does not constitute consent to receive ongoing marketing communications. Any marketing consent must be provided separately through the optional consent mechanism on the entry form.

Submitting an Entry constitutes acceptance of these Terms and Conditions and acknowledgement of The Foundation Edit Privacy Policy. It does not, by itself, constitute consent to receive ongoing marketing or promotional communications from the Promoter.

The entry form includes a separate, optional and unticked checkbox by which an Authorised Representative may choose to opt in to receive further marketing communications from the Promoter. This choice is entirely independent of eligibility to enter or win, and declining it has no effect on an Entry's validity or chances in the draw.

Administrative communications relating to the Promotion, including entry confirmation, follow-verification requests, Provisional Winner notification, redraw or result administration, and Winner onboarding, are not marketing communications and may be sent regardless of marketing-consent status.

This Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram, Facebook, Meta Platforms, Inc., or TikTok. Entrants provide their information to the Promoter, not to any of these platforms, and any questions or complaints regarding the Promotion must be directed to the Promoter, not to any platform.

To the fullest extent permitted by law, each entrant releases Instagram and Meta Platforms, Inc. from any claim or liability arising from or connected with this Promotion.

The Promoter will retain records relating to Entries, the draw (and any redraws), reserve substitutions, and Prize distribution for at least three years after the Promotion is finalised. This meets Victoria's three-year recordkeeping requirement, and exceeds the shorter minimum retention periods applying in South Australia (three months) and Western Australia (12 months).

Prior to the commencement of this Promotion, the Promoter will lodge these Terms and Conditions with the Western Australian Gaming and Wagering Commission, as required for an online trade promotion conducted in Western Australia. This is a scheduled pre-launch administrative step, to be completed before the Promotion opens.

Advertising and promotional material for this Promotion, including Instagram, Facebook and TikTok posts, stories, campaign tiles and paid advertising, will comply with the advertising requirements applying in each eligible jurisdiction.

Without limitation, all advertisements for the Promotion will identify the Promoter, explain how to enter (including the follow requirement), state the nature and value of the Prizes, and explain how and where the full Terms and Conditions can be obtained. This reflects the advertising requirements set out in Schedule 5 (rule 3) of the Lotteries Regulations 2021 (SA), which apply directly to this Promotion as a minor trade promotion lottery.

Advertising will also include any additional information required in the jurisdiction in which it is published, including the closing date, draw details and results-publication details where applicable, consistent with Victorian and Western Australian requirements.

Reserve entries and their rankings are not disclosed in any advertising or promotional material.

Once this Promotion has commenced, the Promoter will not cancel, suspend or materially amend it, including where circumstances arise beyond the Promoter's reasonable control, except as required to comply with applicable law and, wherever prior regulator approval is required (including in Western Australia), only with that approval first obtained. Where the Promoter cancels, suspends or amends the Promotion in these circumstances, it will act fairly and reasonably towards entrants.

22.1 Statutory rights preserved. Nothing in these Terms and Conditions excludes, restricts or modifies any right, remedy, guarantee, condition, warranty or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

22.2 Entrant responsibility. Each entrant is responsible for:

• ensuring that its Entry is complete, accurate and submitted before the close of the Promotion Period;
• using a compatible device, internet connection and browser or platform account;
• retaining any confirmation or record of submission reasonably available to it; and
• keeping its contact details and nominated social-media account accessible during the verification and confirmation process.

The Promoter is not responsible for an entrant's own error, omission, device failure, internet failure, account restriction, privacy setting or failure to monitor the contact details supplied with an Entry.

22.3 Entries and technical issues. The Promoter does not guarantee that the entry form, website, email service, social-media platform or any third-party system will operate continuously or without interruption or error.

To the extent permitted by law, the Promoter is not liable for an Entry or communication that is delayed, corrupted, misdirected, incomplete or not received because of a network, device, platform or third-party service failure outside the Promoter's reasonable control.

An Entry is treated as received when it is recorded in at least one of the Promoter's designated entry records. Where those records differ, the Promoter will reconcile the available Shopify, Google Sheet, email and other reliable system records fairly and reasonably to determine whether and when the Entry was received.

If a technical failure within the Promoter's reasonable control may have materially affected the receipt of Entries, the integrity of the draw or the equal chance of entrants, the Promoter will take reasonable steps to investigate and remedy the issue. This may include reconciling available records, correcting the draw pool, suspending the draw, conducting or repeating a draw or taking another fair and lawful step under clause 21. Any regulatory approval required before taking that step will first be obtained.

22.4 Social-media platforms. The Promoter is not responsible for any action taken by Instagram, Facebook, Meta Platforms, Inc. or TikTok in relation to an entrant's account, content, visibility, access or use of those platforms. This clause is complementary to, and does not replace, the release and non-affiliation wording in clause 19.

This clause does not limit the Promoter's responsibility for its own conduct in administering the follow requirement or assessing evidence supplied under clause 10.

22.5 Conduct of the draw. The Promoter will exercise reasonable care in compiling the draw pool, assigning entry numbers, conducting each draw or redraw, recording the results and applying the verification and Reserve processes stated in these Terms and Conditions.

If an administrative or technical error made by the Promoter materially affects a draw or an entrant's treatment, the Promoter may take reasonable corrective action that restores, as closely as practicable, the position that would have applied had the error not occurred. Corrective action must be fair to affected entrants, consistent with these Terms and Conditions and subject to any required regulatory approval.

22.6 Excluded loss. To the extent permitted by law, the Promoter is not liable for any indirect or consequential loss arising from or connected with:

• entering or attempting to enter the Promotion;
• not being drawn or confirmed as a Winner;
• the use or unavailability of the website or an Approved Platform;
• an entrant's reliance on an announcement that is expressly stated to be provisional; or
• a delay, suspension, amendment or corrective action lawfully undertaken under these Terms and Conditions.

For the purposes of this clause, indirect or consequential loss includes loss of profit, revenue, anticipated savings, business opportunity, goodwill or reputation that does not arise naturally and directly from the event giving rise to the claim.

22.7 Monetary limitation. Subject to clauses 22.1, 22.8 and 22.9, and to the extent permitted by law, the Promoter's total aggregate liability to all entrants arising from or connected with the conduct and administration of the Promotion is limited to the total stated prize pool of $3,960 incl. GST.

This limitation does not prevent the Promoter from taking the corrective action described in clauses 22.3 and 22.5.

The limitation does not apply to the liabilities identified in clause 22.8, except that it may apply to financial loss resulting from the Promoter's failure to exercise reasonable care in conducting the Promotion, as expressly stated in clause 22.8 and to the extent permitted by law.

This limitation does not apply to liability relating to Prize delivery or the later client relationship, which is governed separately under clause 22.9 and the Winner Onboarding Pack.

22.8 Matters not excluded or limited. Nothing in this clause excludes or limits liability for:

• fraud or fraudulent misrepresentation;
• wilful misconduct;
• death or personal injury caused by the Promoter's negligence;
• the Promoter's failure to exercise reasonable care in conducting the Promotion (though the amount of any resulting liability for financial loss may still be limited under clause 22.7, to the extent the law permits);
• misleading or deceptive conduct;
• breach of a non-excludable statutory guarantee or obligation; or
• any liability that cannot lawfully be excluded or limited.

22.9 Prize delivery. Liability relating to the design, build, implementation or ongoing management of a confirmed Winner's store is governed by the Winner Onboarding Pack, subject always to any rights and remedies that cannot lawfully be excluded or limited.

This clause governs the conduct and administration of the Promotion before and up to confirmation of a Winner. It does not replace the liability provisions applying to the later client relationship.

These Terms and Conditions are governed by the laws of South Australia. Where this Promotion is conducted in a jurisdiction with additional mandatory requirements (including Western Australia's lodging requirement described in clause 20), the Promoter will comply with those requirements in addition to these Terms and Conditions.

Questions or complaints about this Promotion may be directed to:

The Merch Edit Promotion Team
enquiries@themerchedit.com.au
08 8472 9323
The Merch Edit Pty Ltd, PO Box 1244, Aldinga Beach SA 5173

This Policy should be read together with:

• The Foundation Edit Competition Terms and Conditions
• the Promotion entry form
• any collection notice displayed at the point where information is collected
• for a confirmed Winner, the Winner Onboarding Pack

This Policy applies to:

• individuals who submit an Entry on behalf of a business
• individuals whose personal social-media account is nominated for follow verification
• Provisional Winners and their representatives
• confirmed Winners and their authorised representatives
• other individuals whose personal information is provided to us for legitimate Promotion administration

Submitting an Entry constitutes acceptance of the Promotion Terms and Conditions and acknowledgement of this Policy. It does not, by itself, constitute consent to receive ongoing marketing communications.

This Policy does not apply to the independent handling of information by Instagram, Facebook, Meta Platforms, Inc., TikTok, Shopify, Google or any other third-party platform. We encourage you to review the privacy policies of those services.

For the purposes of this Policy:

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable.

Sensitive information is a category of personal information that includes information about matters such as a person's racial or ethnic origin, political opinions, religious beliefs, professional or trade association membership, trade union membership, sexual orientation, criminal record, health information, genetic information or biometric information.

We do not ask entrants to provide sensitive information and do not intend to collect it for this Promotion. Please do not include sensitive information in free-text responses or supporting evidence unless it is genuinely necessary. If we receive unsolicited sensitive information, we will handle it in accordance with the Privacy Act and, where it is not required, destroy or de-identify it as soon as reasonably practicable.

Capitalised terms not defined in this Policy have the meanings given in The Foundation Edit Competition Terms and Conditions.

We may collect personal information:

• directly from you, including through the Promotion entry form, email, telephone, social media, follow-verification evidence, Winner correspondence and the Winner Onboarding Pack
• from the Eligible Business, including where another authorised person provides information needed to verify authority, eligibility or business details
• from publicly available sources, including business websites, public business registers and public social-media profiles, where reasonably necessary to verify an Entry or administer the Promotion
• from the Approved Platforms, to the extent that account names, handles, profiles and follow relationships are publicly visible or made available to us by the account holder
• from our service providers and systems, including records generated through Shopify, email, Google Workspace, spreadsheets, cloud storage and other designated Promotion records
• from government, regulatory or professional sources, where reasonably necessary to comply with legal or regulatory requirements
• from third parties authorised by you or the Eligible Business to provide information to us

If we receive unsolicited personal information, we will assess whether we could lawfully have collected it. If not, we will destroy or de-identify it as soon as practicable, where lawful and reasonable.

The personal information we collect depends on how you interact with the Promotion.

4.1 Entry information. We may collect:

• your full name
• your role or position
• your business email address
• the name of the business you represent
• the business's state or territory
• the business's website, if provided
• information about whether the business has offered merchandise before
• information about the parts of the managed merchandise service the business may want TME to take on
• other information you choose to provide in the entry form
• your declaration that you are at least 18 years old and authorised to submit the Entry
• the date and time the Entry was submitted
• the Entry number or other internal identifier assigned to the submission
• technical or system information generated when the form is submitted, including records needed to determine whether and when an Entry was received

4.2 Social-media and follow-verification information. We may collect:

• the Approved Platform nominated in the Entry
• the nominated account name or handle
• whether the nominated account is a business account or the Authorised Representative's personal account
• publicly visible profile information reasonably required to identify the account
• whether the account followed an approved TME account by the Promotion closing time
• whether the account remained following when verification occurred
• the date, time, method and outcome of verification
• the identity of the person who completed the verification
• screenshots, screen recordings, platform records, timestamps or other evidence supplied in response to a verification request
• correspondence about any unclear, incomplete or disputed verification

We do not request account passwords or login credentials.

4.3 Eligibility and draw-administration information. We may collect or create records about:

• whether the business is currently trading
• the business category and principal place of business
• its ABN or equivalent registration details, where required
• duplicate-entry checks
• the Authorised Representative's authority to enter
• inclusion in or exclusion from the draw pool
• primary, Reserve, Provisional Winner, Winner, invalid, withdrawn or forfeited status
• verification decisions and reasons
• draw, Reserve-elevation and redraw records
• notifications, reminders, deadlines and responses
• irregularities, complaints or disputes connected with an Entry or the conduct of the Promotion

4.4 Provisional Winner and Winner information. If a business is provisionally drawn or confirmed as a Winner, we may collect:

• the legal entity name
• trading name
• ABN or other business registration details
• suburb and state
• the name, position and contact details of the person authorised to act for and bind the business
• identity or authority evidence reasonably required to confirm eligibility and execute the Winner Onboarding Pack
• signed Winner documents and related correspondence
• project information, visual assets and approvals required to deliver the Prize
• approved finished-store imagery and factual project information
• any optional interview, direct quote, founder-appearance or testimonial material the Winner separately agrees to provide

4.5 Marketing-consent information. Where the Authorised Representative chooses to opt in to marketing, we may collect:

• whether marketing consent was given
• the exact consent wording and version presented
• the date and time of consent
• the source of consent
• any later unsubscribe or withdrawal request

The marketing checkbox will be optional and unticked by default. Declining marketing consent has no effect on eligibility, Entry validity or the chance of winning.

4.6 Website and technical information. The Promotion page may use cookies and similar technologies associated with Shopify and other services used to operate the page and entry form. Depending on the technical configuration, we may collect:

• IP address
• browser and device information
• date and time of access
• pages or content viewed
• form and submission records
• basic security, performance and diagnostic information

We do not use this technical information to award extra entries or influence the random draw.

We may collect, use and disclose personal information for purposes including:

• receiving, recording and acknowledging Entries
• assigning Entry numbers and maintaining the entry register
• detecting duplicate, incomplete, late or ineligible Entries
• verifying the identity, age and authority of an Authorised Representative
• assessing business eligibility
• verifying the social-media follow requirement
• requesting and assessing follow-verification evidence
• reconciling Shopify, spreadsheet, email and other designated entry records
• administering the original draw, Reserve Lists, Reserve elevations and redraws
• contacting entrants, Provisional Winners, Reserves and Winners
• sending reminders, evidence requests and other Promotion-administration communications
• confirming Winners and delivering the Prize
• preparing, executing and administering the Winner Onboarding Pack
• publishing Promotion results as required by the Terms and Conditions or applicable law
• meeting regulatory, recordkeeping, audit and reporting requirements
• responding to enquiries, complaints, disputes or suspected misconduct
• protecting the integrity, fairness and security of the Promotion
• obtaining legal, accounting, technical or other professional advice
• maintaining an auditable record of the Promotion
• improving future TME promotions, services and administrative processes using aggregated or de-identified information
• sending marketing communications, but only where the individual has separately opted in or another lawful basis applies
• complying with our legal obligations

We will not use entry information to subjectively choose the Winners. Winners are drawn at random from the applicable draw pool, subject to the verification process described in the Terms and Conditions.

6.1 Promotion-administration communications. We may send communications reasonably required to administer the Promotion regardless of marketing-consent status. These may include:

• entry acknowledgements or confirmations
• requests to correct or clarify information
• follow-verification requests
• evidence requests
• Provisional Winner notifications
• deadline reminders
• Reserve, redraw and results administration
• Winner confirmation
• Winner Onboarding Pack and Prize-delivery communications
• communications about a complaint, dispute, correction or access request

These are administrative communications, not ongoing marketing communications.

6.2 Optional marketing communications. Submitting an Entry does not automatically add the Authorised Representative to TME's marketing list.

We will send ongoing promotional or marketing communications arising from this Promotion only where:

• the individual has actively selected the separate, optional marketing checkbox; or
• another lawful basis applies and the communication complies with applicable law

Marketing consent is independent of the Promotion. An individual may withdraw consent or unsubscribe at any time using the unsubscribe method in the communication or by contacting us.

We will action unsubscribe requests as soon as reasonably practicable and in accordance with applicable law.

We do not sell or trade personal information.

7.1 Entry-number publication. We may publish Entry numbers or other non-identifying draw information in accordance with the Promotion Terms and Conditions and applicable regulatory requirements. We will not publish Reserve identities or Reserve rankings before a Reserve is elevated.

7.2 Winner publication. For each confirmed Winner, we may publish:

• the business's public trading name
• suburb
• state
• other result information required by law or stated in the Promotion Terms and Conditions

We do not intend to publish:

• the Winner's legal entity name, unless it is the same as the public trading name or publication is legally required
• ABN or business registration details
• a representative's personal address, telephone number or private email address
• the nominated personal social-media account
• follow-verification evidence

7.3 Case-study and promotional material. As a condition of the Prize, a Winner consents to TME using approved finished-store imagery and a factual summary of the project for case-study and marketing purposes, subject to the Winner reviewing the specific material before publication and not unreasonably withholding approval.

Interviews, direct quotes, founder appearances and testimonials remain optional. A Winner is not required to provide a positive testimonial.

This does not give TME a general or unlimited right to publish personal or business information beyond the limited use described in the Promotion Terms and Conditions and Winner Onboarding Pack.

We may disclose personal information where reasonably necessary for the purposes described in this Policy to:

• our Directors and authorised personnel involved in administering the Promotion
• Shopify and service providers supporting the Promotion page and form
• Google Workspace and other cloud, spreadsheet, storage, email, communications or software providers
• IT, cybersecurity, website and technical-support providers
• professional advisers, including solicitors, accountants and insurers
• regulators, government authorities, courts or other bodies where required or authorised by law
• independent witnesses, auditors or administrators involved in a draw or investigation, where reasonably necessary
• fulfilment, technology or other service providers involved in delivering the Prize to a confirmed Winner
• a prospective purchaser or successor if our business or relevant assets are sold, restructured or transferred, subject to appropriate confidentiality and legal requirements
• another party where you have authorised the disclosure

We will disclose only the information reasonably required for the relevant purpose.

We do not provide entrant information to Instagram, Facebook, Meta Platforms, Inc. or TikTok for the purpose of administering the Promotion, other than information that may already be submitted to or visible through those platforms as part of normal platform use.

Some service providers used to operate the Promotion, including cloud, ecommerce, email, software and social-media providers, may store or process personal information outside Australia or allow it to be accessed from overseas.

The countries in which information may be stored, processed or accessed can vary according to the service provider's infrastructure and may not always be practicable for us to identify in advance.

Where the Australian Privacy Principles apply, we will take reasonable steps in the circumstances before disclosing personal information to an overseas recipient, as required by law.

Third-party platforms and service providers may also collect and handle information under their own privacy policies and terms. Their privacy practices are not controlled by TME.

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure.

Promotion records may be stored in systems including:

• Shopify
• TME email accounts
• Google Workspace
• controlled spreadsheets
• restricted cloud-storage locations
• signed electronic or hard-copy records
• recorded videoconference or draw files
• other designated Promotion records

Security measures may include:

• limiting access to authorised persons
• account authentication and access controls
• appropriate password and device security
• restricted file permissions
• encryption and security protections provided by our service providers
• controlled versioning and recordkeeping
• secure disposal of records when retention is no longer required

Follow-verification screenshots and screen recordings will be treated as verification evidence. Access will be restricted to people who reasonably require it for Promotion administration, dispute handling, audit or legal compliance.

No method of online transmission or storage is completely secure. If an unauthorised access or disclosure occurs, we will respond in accordance with our obligations under the Privacy Act, including the Notifiable Data Breaches scheme where applicable.

We will retain records relating to:

• Entries
• eligibility and follow verification
• the draw and any redraws
• Reserve Lists and Reserve elevations
• Provisional Winner and Winner administration
• notifications and confirmations
• Prize distribution
• complaints, disputes and irregularities
• marketing consent
• publication of results

for at least three years after the Promotion is finalised, unless a longer period is required or permitted by law or reasonably necessary for a legal claim, complaint, audit or dispute.

This three-year period is intended to align with the record-retention commitment in the Promotion Terms and Conditions.

Different information may be retained for longer where appropriate, including:

• Winner information forming part of the ongoing client relationship or Winner Onboarding Pack
• financial, taxation or contractual records
• records needed to establish, exercise or defend legal rights
• marketing-consent records retained while marketing continues and for a reasonable period afterwards to demonstrate consent and honour opt-out requests

When personal information is no longer required for a lawful purpose, we will take reasonable steps to destroy it or de-identify it.

Where practical, analysis retained beyond the operational need for identifiable records will be aggregated or de-identified.

You may request access to personal information we hold about you or ask us to correct information that is inaccurate, out of date, incomplete, irrelevant or misleading.

Requests should be made in writing to our Privacy Officer using the contact details below.

We may ask for information reasonably necessary to verify your identity and authority before providing access or making a correction.

Access will generally be provided in an appropriate form within a reasonable period. In limited circumstances permitted by law, we may refuse access or correction. If we do, we will explain the reason where required.

If you need to correct Entry information before the Promotion closes, contact us promptly. A correction request does not permit a new or additional Entry and does not extend any Promotion deadline.

We may preserve an audit record of corrections where reasonably necessary to maintain the integrity of the Promotion.

If you have a concern or complaint about how we have handled personal information, please contact our Privacy Officer.

We will take the complaint seriously, investigate it and respond within a reasonable period.

If the matter is not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner.

A privacy complaint about TME should be directed to TME, not to Instagram, Facebook, Meta Platforms, Inc. or TikTok.

We may amend this Policy where reasonably necessary to reflect:

• changes to the Promotion
• changes to our information-handling practices
• legal or regulatory requirements
• solicitor advice
• technical or service-provider changes

The current version will be published with its effective date.

A change will not retrospectively convert an individual's refusal or absence of marketing consent into marketing consent.

Where a material change affects information already collected, we will take reasonable steps to notify affected individuals where required or appropriate.

For audit purposes, we will retain controlled copies of the policy versions that applied during the Promotion.

This page may be archived or removed from active website navigation after the Promotion and all required results-publication periods have ended.

Archiving the page does not end this Policy's application to information collected while it was in force.

We will:

• retain a controlled copy of this Policy and each published version
• continue to handle retained Promotion information in accordance with the version that applied when the information was collected, subject to applicable law
• make a copy available on reasonable request while identifiable Promotion information is retained

Winner information that becomes part of an ongoing TME client relationship may also be handled under the Winner Onboarding Pack and TME's general privacy practices.

Privacy Officer
The Merch Edit Pty Ltd
PO Box 1244
Aldinga Beach SA 5173

Email: support@themerchedit.com.au
Phone: 08 8472 9323