April 2023

TERMS AND CONDITIONS OF ENTRY

1. Promotion: These Terms and Conditions constitute the terms of entry into the CherryChallenge competition (Promotion). By entering into the Promotion, Entrants agree to, and accept, these Terms and Conditions.
2. Promoter: The Promotion is conducted by Cherry Hub Pty Ltd (ACN 642 144 992) of International Towers, Tower 1, Level 35, 100 Barangaroo Avenue, Sydney, NSW, 2000 (Promoter).
3. Eligibility: Entry is open to all invited guests, Australian permanent residents, aged 18 years and over at the time of entry (each an Entrant). Employees, directors, officers, managers and other staff (and their immediate families) of the Promoter and its related bodies corporate, or of the agencies and companies associated with this Promotion (together, Promoters Associates) are ineligible to enter this Promotion.
4. Promotion Period: Entry into the Promotion commences at 11:00 am (Australian Eastern Standard Time/Australian Eastern Daylight Savings Time) on 03 April 2023 and closes at 12:00 am (midnight) (Australian Eastern Standard Time) on 12 April 2023 or as extended at the discretion of the Promoter (Promotion Period)
5. Entry Method: During the Promotion Period:
   1. No purchase is necessary to win or participate in the Promotion;
   2. Entrants must follow the prompts via the invitation email to access the game link;
   3. Entrants agree to these Terms & Conditions in order to to complete an online entry form for access to the Leaderboard, including full name, contact telephone number and current and valid email address; and
   4. Entrants may play the CherryChallenge game as many times as they like (as per Clause 7), during the Promotion Period.
6. Entry Conditions:
   1. The Promoter may, in its sole and absolute discretion, deem any incomplete, indecipherable or ineligible entry invalid.
   2. Entrants must enter the Promotion using their own name and must provide correct personal details. The Promoter may deem any entry of an Entrant invalid if the Promoter considers, in its sole and absolute discretion, that the Entrant has provided incorrect, misleading or fraudulent information.
   3. The Promoter reserves the right, at any time, to request that an Entrant promptly provide identification (including but not limited to proof of identity, proof of age and proof of residency) to verify the Entrant’s identity, age, residential address, eligibility to enter and participate in the Promotion and to claim the Prize. If an Entrant refuses to produce that proof, or does not produce that proof, to the satisfaction of the Promoter (in its sole and absolute discretion), the Promoter may deem the Entrant ineligible to participate in the Promotion.
   4. Each Entrant acknowledges that entry into this Promotion is subject to the terms and conditions of Cherry Hub.
   5. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to enter into the Promotion repeatedly is prohibited. If an Entrant is found to be using such software, the Promoter reserves the right to deem all entries submitted by that Entrant to be invalid.
7. Number of entries: Entrants are permitted to submit multiple entries into the Promotion, subject to the requirement that each entry must be submitted separately and in accordance with the entry conditions set out in these Terms and Conditions and done so within the timeframes stipulated for this Promotion.
8. Publicity: To the extent permitted by law, each Entrant consents to the Promoter using the Entrant's name, likeness, image, location and any other information submitted as part of the entry (including any entry) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting this Promotion (including any outcome), the Promoter and promoting any products manufactured, distributed and/or supplied by the Promoter. For the avoidance of doubt, any use of an Entrant's name, likeness, image, location, content of their entry and any other information submitted as part of the entry by the Promoter during or after the Promotional Period does not mean that the Entrant has been selected as a Winner.
9. Liability:
   1. To the extent permitted by law, Entrants agree to indemnify the Promoter and its related bodies corporate (including officers, employees and agents) against all liability for any direct or indirect loss (including special or consequential loss), damage, expense or injury that is suffered or incurred by an Entrant in connection with:

      1. any breach of these Terms and Conditions.

      2. entry into, or participation in, this Promotion, or acceptance or use of the Prize;

      3. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

      4. any theft, unauthorised access or third party interference;

      5. any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter); or

      6. modification or cancellation of the Promotion.

   2. The Promoter has no control over communications networks or services and accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
10. Privacy:
    1. By entering into this Promotion, each Entrant acknowledges and consents to the Promoter (and its related bodies corporates) accessing, collecting and using an Entrant’s personal information in accordance with the Promoter’s Privacy Policy available at www.cherryhub.com.au/privacy-policy
    2. By entering into the Promotion, an Entrant consents to the Promoter using the Entrant’s personal information for the purpose of administering this Promotion, including fulfillment of the Prize, marketing and advertising of the Promotion and publicity of the outcome of the Promotion (such as the announcement of the Winner).
    3. Entrants acknowledge that the Promoter may disclose an Entrant’s personal information to third parties for the purposes of conducting the Promotion (including promotional, marketing and publicity purposes) and delivering the Prize.
11. General Conditions of Promotion:
    1. The Promoter reserves the right to invalidate any entry if an Entrant is unable to or refuses or fails to take part in any part of this Promotion or where an Entrant or entry is considered by the Promoter, acting reasonably, not to comply with these Terms and Conditions.
    2. Entrants acknowledge that this Promotion is in no way sponsored, endorsed or administered by, or associated with, Gamify. Entrants understand that they are providing their information to the Promoter and not to Gamify. The information an Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Gamify. To the extent permitted by law, Entrants agree to release Gamify against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred or suffered by the Entrant in connection with their participation in this Promotion.
    3. If this Promotion is interfered with in any way or is not capable of being conducted as anticipated due to any reason beyond the reasonable control of the Promoter, including, but not limited to, by reason of war, terrorism, state of emergency or disaster (including natural disaster), COVID-19 (or other pandemic) restrictions,  infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole and absolute discretion and to the fullest extent permitted by law, to:
       1. modify, suspend, terminate or cancel the promotion, as appropriate; or
       2. invalidate any entry.
    4. Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
    5. Entrants agree that these Terms and Conditions will be governed by the laws of the State of New South Wales.
12. Contact: