DESIGN COMPETITION – TERMS AND CONDITIONS
1. Promoter
The promoter is Night Sweet Thing Pty Ltd, ABN: 96 644 148 210 of 1 Ainslie Close, Somersby, New South Wales, Australia ("Promoter").

2. Competition Name
Design Your Dream Pyjamas Competition ("Competition").

3. Acceptance of Terms
By submitting an entry, each entrant agrees to be bound by these Terms and Conditions.

4. Eligibility
  1. Entry is open to individuals worldwide aged 18 years or over at the time of entry.
  2. Entrants under 18 years of age may enter only with the written consent of a parent or legal guardian.
  3. Employees, contractors, directors, officers, and immediate family members of the Promoter are not eligible to enter.
  4. Void where prohibited by local law.
5. Competition Period
  1. The Competition opens at 12pm Friday 5 June 2026 Australian Eastern Standard Time (AEST/AEDT).
  2. The Competition closes at 11.59pm Friday 17 June 2026 Australian Eastern Standard Time (AEST/AEDT).
  3. Entries received after the closing date will not be considered.

6. How to Enter
  1. Entrants must submit an original pyjama print or pattern design in accordance with the submission requirements published by the Promoter.
  2. Multiple entries may be submitted unless otherwise specified by the Promoter.
  3. Entries must be submitted through the official competition entry process.
  4. No purchase is necessary to enter.

7. Originality Requirements

By entering, each entrant warrants that:
  1. The design is their original work.
  2. The design does not infringe the intellectual property rights, moral rights, privacy rights, publicity rights, or any other rights of any third party.
  3. The design has not been copied, substantially derived from, or adapted from any third-party artwork.
  4. The entrant has full authority to grant the rights described in these Terms and Conditions.
  5. The design has not previously been licensed or assigned to another party
  6. No AI is to be used in the design.
The Promoter reserves the right to disqualify any entry that it reasonably believes breaches these requirements.

8. Prohibited Content
Entries must not contain:
  • Offensive, defamatory, discriminatory, or unlawful content.
  • Material that infringes third-party rights.
  • Obscene or inappropriate imagery.
  • Political, religious, or controversial messaging.
  • Content that could reasonably damage the reputation of the Promoter.
The Promoter may reject any entry at its sole discretion.

9. Judging & Announcement of Winner

  1. This is a game of skill and chance plays no part in determining the winner.
  2. Entries will be judged based on criteria including creativity, originality, suitability for pyjama products, commercial appeal, and alignment with the Promoter's brand.
  3. The judges' decision is final and no correspondence will be entered into.
  4. The winner will be announced via Night Sweet Thing's social media accounts at 3:00pm AEST on Wednesday, 24 June 2026. The winner may also be contacted directly using the details provided in their entry.
10. Prize
The winner will receive:
  • One Apple iPhone 17 Pro Max;
  • Public acknowledgement as the creator of the winning design;
  • Their design produced on a limited-edition run of pyjamas by the Promoter.
  • 10 x pyjama sets of their design in the sizes of their choosing.  These will be sent out after the production of the pyjamas (approx 3-4 months after the winner announced).
The total prize value will be disclosed by the Promoter at the time of launch.
The prize is not transferable, exchangeable, or redeemable for cash unless required by law.

11. Intellectual Property Assignment

 

a. Important Condition of Entry

As a condition of entering the Competition:

  1. Upon submission, the entrant grants the Promoter a worldwide, perpetual, irrevocable, royalty-free licence to review, assess, display, reproduce, publish, adapt, modify, and promote the submitted design for purposes related to the Competition and its promotion.
  2. The entrant acknowledges that the Promoter may display, publish and promote submitted designs in connection with judging, marketing, publicity, and announcement of the Competition.

b. Winner Assignment

As a condition of receiving the prize:

  1. The winner irrevocably assigns to the Promoter all right, title and interest throughout the world in and to the winning design, including all intellectual property rights, copyright, design rights and any other proprietary rights capable of assignment.
  2. The assignment includes all present and future rights in any adaptation, modification, derivative work, variation, reproduction, commercial application, product, packaging, marketing material or other use of the winning design.
  3. Legal and beneficial ownership of the winning design will vest exclusively in the Promoter upon selection of the winner and acceptance of the prize.
  4. The winner agrees to sign any documents and do all things reasonably required by the Promoter to give effect to this assignment.
  5. If the winner fails or refuses to execute any required document, the winner irrevocably appoints the Promoter as their attorney solely for the purpose of executing documents necessary to perfect, record or enforce the assignment.
  6. The winner acknowledges and agrees that the prize constitutes full and sufficient consideration for the assignment of all intellectual property rights in the winning design.

c. No Royalties or Future Compensation

  1. The winner acknowledges and agrees that the Promoter may, at its sole discretion, manufacture, reproduce, modify, market, distribute, licence and sell pyjamas or any other products incorporating the winning design, in any quantity, territory or format, whether now known or developed in the future.
  2. The winner will not be entitled to any royalties, commissions, licence fees, profit share, residual payments or any other compensation arising from the manufacture, promotion, licensing, distribution or sale of products featuring the winning design, other than the prize expressly described in these Terms and Conditions.
  3. The winner irrevocably waives any right to claim additional payment, compensation, accounting of profits or other financial benefit from the Promoter in connection with the use or commercial exploitation of the winning design.
  4. For the avoidance of doubt, any acknowledgement or credit given to the winner as the creator of the winning design is honorary only and does not create any ownership interest, partnership, joint venture, employment relationship, licence arrangement or entitlement to future payments.
12. Moral Rights Consent

To the maximum extent permitted by law, entrants consent to the Promoter:

  • The winner further agrees that, to the fullest extent permitted by applicable law, they irrevocably waive and consent to any act or omission by the Promoter that may otherwise infringe the winner's moral rights in the winning design.
  • Using, adapting, modifying, resizing, recolouring, editing, or combining the design with other works.
  • Publishing the design with or without attribution.
  • Reproducing the design in any format, product, packaging, marketing material, advertising, social media content, or promotional campaign.
  • Where reasonably practicable, the Promoter intends to acknowledge the winning designer but is not legally obligated to do so.

13. Winner Acknowledgement
The Promoter may, at its discretion:
  • Credit the winner by name;
  • Feature the winner in promotional content;
  • Publish information about the winner and their design.
The winner agrees to participate in reasonable promotional activities without additional compensation.

14. Use of Name and Image
The winner consents to the Promoter using their:
  • Name;
  • Photograph;
  • Likeness;
  • Biographical information; and
  • Statements regarding the Competition
for promotional and marketing purposes worldwide without additional payment.

15. Privacy
  1. Personal information collected during the Competition will be handled in accordance with the Promoter's Privacy Policy.
  2. Entrants consent to the collection, storage, use, and disclosure of their personal information for administering the Competition and related promotional activities.
  3. The Promoter may share information with service providers assisting with the Competition.
16. Limitation of Liability
To the maximum extent permitted by law, the Promoter will not be liable for:
  • Lost, late, incomplete, corrupted, or misdirected entries;
  • Technical failures or interruptions;
  • Unauthorised access to Competition materials;
  • Any loss, damage, injury, or expense arising from participation in the Competition or acceptance of the prize.
Nothing in these Terms excludes rights that cannot be excluded under applicable law.

17. Indemnity
Entrants agree to indemnify and hold harmless the Promoter against any claims, losses, damages, costs, or expenses arising from:
  • Breach of these Terms;
  • Infringement of third-party rights;
  • Any false warranty or representation made by the entrant.
18. Disqualification
The Promoter reserves the right to disqualify any entrant who:
  • Breaches these Terms;
  • Provides false information;
  • Attempts to manipulate the Competition;
  • Submits content that infringes third-party rights.

19. Cancellation or Modification
The Promoter reserves the right to modify, suspend, cancel, or terminate the Competition where reasonably necessary due to circumstances beyond its control.

20. Governing Law
These Terms and Conditions are governed by the laws of New South Wales, Australia.
Entrants submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

21. Contact
Questions regarding the Competition should be directed to:

Night Sweet Thing Pty Ltd
Support@nightsweetthing.com
PO Box 327, Ettalong Beach, NSW, 2257 Australia