Promoter

1. The Promoter is Afterpay Australia Pty Ltd (ABN 15 169 342 947) at Level 5, 406 Collins St,

Melbourne VIC 3000 Australia.

Promotion Partner

The Promotion Partner is Afterpay NZ Limited (NZ Company Number 6340314) at TMF Group, Level 11

41 Shortland Street, Auckland Central 1010, who may benefit from the undertaking of this competition.

Eligibility

2. Entry is open to Australian and New Zealand merchants who are approved by Afterpay to offer

the Afterpay service to end customers in Australia and/or New Zealand and have an Afterpay

merchant account. (Eligible Entrants).

3. Employees and other staff (and their immediate family members) of the Promoter or the

Promotion Partner are ineligible to enter.

4. Entrants are subject to all applicable laws, and entries will be deemed void where prohibited by

law.

5. By entering this competition, entrants agree to be bound by these terms and conditions. In case

of any inconsistency between these terms and conditions and any other published material, these

terms and conditions prevail.

Entry

6. The Promotion commences on 12:01am 10 February 2023 and closes at 11:59pm 19 March

2023 AEDT (Promotion Period).

7. To enter, Eligible Entrants must create and upload an Instagram post promoting the Afterpay Day

Sale. The caption must contain #AfterpayDay. Australian merchants must tag the @afterpayau

Instagram account. New Zealand merchants must tag the @afterpaynz Instagram account.

during the Promotion Period. Eligible Entrants may only enter once. Each Eligible Entrant may

only be awarded one prize. All entries become the property of the Promoter for use by the

Promoter without attribution or compensation.

8. Entries that the Promoter suspects to be fraudulent, incomplete, incorrect or misleading, or may

damage the Promoter’s reputation may be disqualified. Entrants who breach these terms and

Afterpay Australia Pty Ltd ABN 15 169 342 947

conditions may be disqualified. The Promoter accepts no responsibility for late, lost or misdirected

entries.

9. It is the entrant’s responsibility to notify the Promoter should their contact details change during

the Promotion Period.

10. Entrants are providing information to the Promoter, and not to Instagram. This competition is in no

way associated with Instagram. Entrants’ use of Instagram is governed by their terms of use,

accessible from the Instagram website. Entrants release Instagram from all liability associated

with this competition to the extent permitted by law.

11. This competition adheres to the terms of conditions set out in the Instagram promotion guidelines.

All content published on Instagram may be moderated by Instagram.

12. The Promoter may determine whether any of the content submitted by an entrant will remain on

its Instagram page, and reserves the right to remove any content at any time in its sole discretion.

Entries and associated Instagram usernames may be publicly viewed.

13. There is no fee to enter this competition.

Prizes and winning

14. This is a game of skill. Chance will play no role in determining the winner(s). Each Eligible Entry

will be individually judged (by representatives of Afterpay) on the set criteria of: The most creative

response provided. The winners will be selected from all valid entries received during the

Promotion Period. Entries will be judged at 2:00pm 20 March 2023 AEDT at Level 11, 320 Pitt St,

Sydney, NSW 2000.

15. There will be a total of 2 winner(s), who will be notified by Instagram direct message within 2

business days of the judging date on 20 March 2023. Winners’ names will be published within 2

business days of the judging date on 20 March 2023 on https://www.afterpay.com/en-

AU/afterpay-day-merchant-competition-anz for at least 28 days.

16. Winners will receive 1x Afterpay social marketing pack including a social post and social story on

Instagram from the Afterpay channel within each region. For Australia that's from the

@afterpayau account and for New Zealand that's from the @afterpaynz account. There will be

one winner for Australia and one winner for New Zealand. Total prize pool value is estimated to

be valued at AUD$2000. Prizes are subject to any terms and conditions (which may be notified to

winners upon confirmation of the award of the prize).

17. If there any prizes remain unclaimed after reasonable attempts to contact a winner, this will be

published 30 days after the initial prize judging on 20 March 2023. A subsequent unclaimed prize

judging will be conducted at 2:00pm 20 April 2023 AEDT at Level 11, 320 Pitt St, Sydney, NSW

2000. Any rejudging winner will be notified by Instagram direct message within 2 business days of

the unclaimed prize judging on 20 April 2023 and will have their name published on

https://www.afterpay.com/en-AU/afterpay-day-merchant-competition-anz for at least 30 days.

18. The Promoter may request reasonable identification from winners to confirm their identity and

eligibility to enter. Any failure to do so may result in disqualification.

Afterpay Australia Pty Ltd ABN 15 169 342 947

19. The Promoter accepts no responsibility for prizes lost, misplaced or otherwise not delivered to a

winner. If any prize or part of a prize becomes unavailable for reasons outside of the Promoter’s

control, the Promoter may substitute a prize of equal or greater value. Prizes are not transferable

or redeemable for cash.

20. The Promoter’s decision on any aspect of this promotion is final and binding. No correspondence

will be entered into.

21. No bonus prizes shall be awarded.

Marketing and privacy

22. Personal Information, for the purposes of the Privacy Act 1988 (Cth), means information or an

opinion about an identified individual, or an individual who is reasonably identifiable, whether the

information or opinion is true or not and whether the information or opinion is recorded in a

material form or not. Personal Information, for the purposes of the Privacy Act 2020 (NZ), means

information about an identifiable individual and includes information related to a death.

23. Entrants consent to their entry and Personal Information being used by the Promoter for

marketing purposes. The Promoter may use, reproduce or modify the entry in any way without

any further reference, payment or compensation to the entrant.

24. Personal information collected will be used in accordance with the Promoter’s Privacy Policy

(https://www.afterpay.com/en-AU/merchant-privacy for Australian entrants and

https://www.afterpay.com/en-nz/merchant-privacy for New Zealand entrants). The Promoter may

disclose Personal Information to other organisations (including third parties) for the purposes of

conducting the promotion, promotional, marketing, publicity, research and profiling. Entrants may

access or change their personal information by contacting the Promoter by email at

[email protected] for Australian entrants and [email protected] for New Zealand

entrants.

Other terms

25. These terms and conditions do not limit, modify or exclude consumer guarantees as provided

under the Competition and Consumer Act 2010 (Cth) or the Consumer Guarantees Act 1993

(NZ). The Promoter may amend any of these terms and conditions if required to comply with

applicable laws.

26. The Promoter accepts no responsibility for errors (technical or human), technical failures or

malfunctions except where caused by the Promoter’s fraud, negligence or wilful misconduct.

27. The Promoter accepts no responsibility for any injury, sickness, death, or property loss or

damage of any kind except where caused by the Promoter’s fraud, negligence, or wilful

misconduct.

28. If the promotion cannot be run as planned for any reason beyond the reasonable control of the

Promoter, the Promoter may, subject to licensing authority approval, alter, cancel, terminate,

Afterpay Australia Pty Ltd ABN 15 169 342 947

modify or suspend the promotion. The Promoter will use reasonable efforts to notify you should

this occur by publishing a notice on its website.