Terms and Conditions.

01 The App and our role

The Raffle Hat App is a platform that enables eligible organisations and individuals (“Organisers”) to conduct raffles, prize draws and similar promotions, and enables users (“Participants”) to discover, purchase tickets in and enter those raffles.

We are a platform operator only. We do not, in our own capacity, conduct raffles, sell tickets, hold prize pools or distribute prizes. Each raffle is conducted by the Organiser identified in the App for that raffle. The Organiser is the supplier and trade promoter and is solely responsible for compliance with all applicable laws, including obtaining any required permits, licences or authorities and conducting the raffle in accordance with those instruments.

02 Eligibility

You must be 18 years of age or older to register for an account, purchase tickets, host a raffle or claim a prize through the App. By using the App you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. We may require proof of age and identity at any time and may suspend or close your account if you cannot provide it.

The App is intended for use in Australia. You may not use the App in any jurisdiction where doing so would be unlawful. You are responsible for ensuring your use of the App complies with the laws of the place where you are located.

03 Account registration

To use most features of the App you must create an account. You agree to:

• provide accurate, current and complete information when registering;
• keep your account information up to date;
• maintain the confidentiality of your credentials and not share them with anyone;
• be responsible for all activity under your account;
• notify us immediately of any unauthorised use at support@rafflehat.com.au.

You may hold only one account. We may close duplicate accounts and forfeit any prizes won through duplicate accounts.

04 Australian regulatory framework

Raffles, art unions, lotteries and trade promotions are regulated separately in each Australian state and territory, including under:

• Lotteries and Art Unions Act 1901 (NSW) and the Charitable Fundraising Act 1991 (NSW);
• Gambling Regulation Act 2003 (Vic);
• Charitable and Non-Profit Gaming Act 1999 (Qld);
• Gaming and Wagering Commission Act 1987 (WA);
• Lottery and Gaming Act 1936 (SA);
• Gaming Control Act 1993 (Tas);
• Lotteries Act 1964 (ACT); and
• Gaming Control Act (NT).

In most jurisdictions, only eligible non-profit, charitable or community organisations may conduct raffles, and a permit is generally required where prize values exceed prescribed thresholds. Organisers are solely responsible for understanding and complying with the laws of every jurisdiction in which their raffle is offered.

05 Terms applying to Organisers

If you use the App to host a raffle, you additionally represent, warrant and agree that:

• you are an eligible person or entity to conduct the raffle under the laws of every jurisdiction in which it is offered;
• you hold all required permits, licences and authorities, and you will provide copies and supporting evidence to us on request;
• you will conduct the raffle strictly in accordance with applicable law and any conditions imposed by your permits;
• you will publish accurate, complete and not misleading information about the raffle, including ticket price, total tickets, prize details, draw date and method, eligibility and the Organiser’s identity;
• you have the right to award the prizes you list and you will deliver them to winners promptly;
• you will conduct draws using a fair and verifiable method (including any random number generator we provide for that purpose);
• you will keep records as required by law and provide them to regulators on request;
• you will pay all taxes, levies and fees associated with the raffle;
• you will respond to Participant queries and complaints reasonably and promptly;
• you will not use the App for any raffle that involves illegal, fraudulent, dangerous, sexually explicit, hateful, defamatory or otherwise prohibited prizes;
• you will indemnify us in accordance with clause 14.

We may decline to list, suspend or terminate any raffle at our discretion, including where we have a reasonable basis to believe these Terms or applicable law have been breached.

Platform fees and payouts. Unless otherwise agreed in a separate Organiser agreement, we charge a platform fee on each ticket sold (disclosed at the time of listing) and remit net proceeds to the Organiser within the period stated in the Organiser dashboard, less any chargebacks, refunds or amounts withheld pending dispute resolution.

06 Terms applying to Participants

If you use the App to enter raffles, you additionally agree that:

• you are 18 years or older and using the App for personal, non-commercial purposes;
• ticket purchases are final once confirmed, except where required by law (including the Australian Consumer Law) or where the Organiser cancels the raffle (see clause 8);
• you understand the Organiser is the supplier of the raffle and the prize, and your contract for the raffle is with the Organiser, not us;
• you will rely on the raffle terms published by the Organiser, in addition to these Terms;
• you may be required to verify your identity before claiming a prize, particularly for prizes above regulated thresholds;
• you authorise us to disclose your contact and delivery details to the Organiser if you win a prize;
• you understand that participation in a raffle does not guarantee a prize.

07 Payments, GST and currency

All prices are displayed in Australian Dollars (AUD) and are inclusive of GST where applicable. Payments are processed by Apple In-App Purchase (where required by Apple) or by our nominated payment provider (e.g. Stripe). You authorise us and our payment provider to charge your selected payment method for all amounts due.

Where Apple In-App Purchase is used, refunds are subject to Apple’s refund policy and are processed by Apple. Where another payment method is used, refunds are processed by us in accordance with clause 8.

08 Refunds and cancellations

• Consumer guarantees: Nothing in this clause limits the rights you may have under the Australian Consumer Law (see clause 11).
• Change of mind: Tickets are not refundable for change of mind once purchased and confirmed.
• Raffle cancelled by Organiser: If an Organiser cancels a raffle before the draw, the Organiser must refund all ticket purchases. We will pass through the refund as soon as practicable, less any payment processor fees that we cannot recover.
• Raffle cancelled by us: We may suspend or cancel a raffle if we reasonably believe it is unlawful, fraudulent or in breach of these Terms. In that event, you will be entitled to a refund of your ticket price.
• Failed draws or undeliverable prizes: If a draw cannot be conducted lawfully, the Organiser is responsible for arranging refunds or alternative remedies as required by law.

09 Conduct of draws and notification of winners

Unless the Organiser specifies otherwise, draws are conducted using a certified random selection mechanism within the App. Winners are notified through the App and by email to the address on their account, and may be required to verify their identity and provide delivery details before a prize is released. Unclaimed prizes will be dealt with in accordance with the laws of the relevant jurisdiction (which in some states require unclaimed prize draws to be re-drawn).

10 Acceptable use

You must not:

• use the App for any unlawful purpose or in breach of any applicable law;
• conduct, advertise or participate in any raffle that you know or ought to know is unlawful;
• impersonate any person or entity or misrepresent your affiliation;
• engage in fraud, money laundering, multi-accounting, ticket scalping, collusion or any conduct designed to manipulate a draw;
• enter another person’s payment or personal information without their authority;
• reverse engineer, decompile or modify the App except to the extent permitted by law;
• attempt to gain unauthorised access to the App, our systems or other users’ accounts;
• transmit any viruses, malware or harmful code through the App;
• use the App in a way that could damage, disable, overburden or impair our infrastructure;
• remove, obscure or alter any proprietary notices in the App;
• resell, sublicense or commercially exploit the App without our prior written consent.

11 Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“ACL”). Where you acquire the App as a “consumer” under the ACL:

• you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage; and
• you are entitled to have the App repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL or any other applicable law that cannot be lawfully excluded.

12 Disclaimers

Subject to clause 11, the App is provided “as is” and “as available”. To the maximum extent permitted by law:

• we do not warrant that the App will be uninterrupted, error-free, secure or free of viruses;
• we do not warrant the accuracy, completeness or legality of any raffle listed by an Organiser;
• we are not the seller of any prize and make no representation about its quality, fitness or value;
• we do not guarantee the conduct, integrity, financial standing or compliance of any Organiser;
• you assume all risk associated with participating in a raffle and with any decisions made based on the App’s output.

13 Limitation of liability

To the maximum extent permitted by law and subject to clauses 11 and 14:

• our total aggregate liability to you arising out of or in connection with the App and these Terms (whether in contract, tort, statute or otherwise) is limited to the greater of (a) AUD $1,000 or (b) the total fees we received from you in the 12 months preceding the claim;
• we are not liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data, goodwill, prize value or business opportunity;
• we are not liable for any act, omission or default of an Organiser, including any failure to deliver a prize or to comply with applicable law;
• where our liability for breach of a consumer guarantee under the ACL cannot be excluded but can be limited, our liability is limited (at our election) to resupplying the App or the cost of resupply.

14 Indemnity

You agree to indemnify us against any loss, damage, cost or expense (including reasonable legal fees) we suffer arising from:

• your breach of these Terms;
• your misuse of the App;
• your User Content;
• where you are an Organiser, the conduct of any raffle you host, including any breach of permit conditions, regulatory action, complaint by a Participant or claim relating to a prize;

except to the extent caused by our negligence or breach.

15 User content

If you create, upload or store content (such as raffle descriptions, images, terms of entry, draw results) (“User Content”), you retain ownership of that content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display and process your User Content solely to operate, promote and improve the App.

You represent and warrant that your User Content does not infringe any third party’s rights and complies with all applicable laws. You are solely responsible for backing up your User Content.

16 Intellectual property

The App, including all software, designs, text, graphics, logos and other content (excluding User Content), is owned by us or our licensors and is protected by Australian and international intellectual property laws. Except for the limited licence granted in clause 17, no rights are granted to you.

17 Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use (or, in the case of an Organiser, for the purpose of hosting raffles in accordance with these Terms), in accordance with the Usage Rules in Apple’s App Store Terms of Service.

18 Responsible gaming

We are committed to responsible gaming. The App provides tools to set spend limits, take breaks and self-exclude. You may request self-exclusion (a temporary or permanent block on participating in raffles) at any time by emailing support@rafflehat.com.au or using the in-App tools. We may also impose limits or exclusions where we identify behaviour consistent with problem gambling. For free, confidential support, contact:

• Gambling Help Online: https://www.gamblinghelponline.org.au 1800 858 858 (24/7)
• Lifeline: 13 11 14

19 Suspension and termination

We may suspend or terminate your access to the App at any time, with or without notice, if we reasonably believe you have breached these Terms or applicable law, or if we are required to do so by law or by Apple. You may stop using the App at any time by uninstalling it; if you have an active account, you may close it from the in-App settings or by contacting us.

Clauses that by their nature should survive termination (including clauses 5(j), 8, 11, 12, 13, 14, 15, 16 and 21) will survive.

20 Changes to the App and Terms

We may modify, suspend or discontinue the App (or any feature) at any time. We may update these Terms from time to time; the “Last updated” date will reflect the latest revision. Material changes will be notified in the App or by email. Continued use of the App after changes take effect constitutes acceptance.

21 Apple-specific terms

You acknowledge and agree that these Terms are between you and us only, and not with Apple Inc. (“Apple”), and that we (not Apple) are solely responsible for the App and its content. You also acknowledge:

• Scope of licence: Your licence to use the App is limited to a non-transferable licence to use the App on any Apple-branded device that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support: We are solely responsible for providing any maintenance and support services for the App. Apple has no obligation to furnish any maintenance and support services.
• Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Product claims: We, not Apple, are responsible for addressing any claims relating to the App or your possession and use of it, including (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
• Intellectual property claims: In the event of a third-party claim that the App or your use of it infringes that third party’s intellectual property rights, we (not Apple) will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
• Legal compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary: You acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

22 Privacy

Our collection and handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

23 Governing law and jurisdiction

These Terms are governed by the laws of the State of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State and the federal courts of Australia.

24 Disputes

Before commencing any formal proceedings, the parties will use reasonable efforts to resolve any dispute through good-faith negotiation. If unresolved within 30 days, you may refer the dispute to a relevant external dispute resolution body or commence proceedings in a competent court.

25 General

• Entire agreement: These Terms (together with the Privacy Policy and any Organiser-specific raffle terms) constitute the entire agreement between you and us regarding the App.
• Severance: If any provision is found to be unenforceable, the remaining provisions will continue in full force.
• No waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms to an affiliate or in connection with a corporate transaction.
• Notices: We may give you notice through the App, by email, or by posting on our website. You may give us notice at the contact details below.

26Contact Us

CmC Digital Pty Ltd

• ABN: 99 838 153 483
• Address: Suite 302 / 19A Boundary Street,Darlinghurst, NSW, 2010
• Email: support@rafflehat.com.au
• Website: https://www.rafflehat.com.au