Introduction to Traceability

Traceability systems enable information to be captured across the farm and on through the supply chain, tracking the journey of food from farm to consumer.

CherryHill is partnering with Agriculture Victoria and Cherry Growers Australia to lead a major innovative pilot project to strengthen cherry on-farm traceability for high-value export markets.

The project team is implementing new traceability systems, including labelling and integration with cool chain tracking, to help maintain and elevate safety and quality for consumers and leverage the value of Australian export brands.

Terms and Conditions of CherryHill Orchards Traceability Contest

1	Promotion	CherryHill Traceability Campaign Promotion
2	Terms and Conditions	These Terms and Conditions set out information of this Promotion and the rules governing the conduct and conditions of this Promotion. The participation and submission of an entry in this Promotion is deemed acceptance of these Terms and Conditions.
3	Promoter	Cherryhill Orchards Pty Ltd (ACN 653 630 365) Of 474 Queens Road, Wandin East, Victoria 3139   (“CherryHill”)
4	Website	www.cherryhill.com.au
5	Promotion Period	Start: 03 November 2023, 12.00am AEST End: 01 January 2024, 12.00am AEST   Entries are deemed received when the Promoter actually receives it (not when it was submitted).   No entries will be accepted outside this time
6	Eligible Entrants	Entry is open to all residents of Victoria, New South Wales, Queensland and Australian Capital Territory who fulfil the method of entry requirements and who are aged 18 years or over (“Eligible Entrants”).   Eligible Entrants exclude all employees of the Promoter, the Promoter’s associate companies, agencies associated with the Promotion, and including all their immediate families. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.   Entrant(s) refer to each and every person who attempts to submit an entry into the Promotion, regardless of whether the person is an Eligible Entrant or whether the entry is valid.
7	Participating Product(s)	1kg and 2kg CherryHill Cherry Box which has the “Scan, Play, Win” sticker that have been purchased in Victoria, News South Wales, Queensland  or Australian Capital Territory.
8	How to enter	To enter, Eligible Entrants must, during the Promotion Period:   a) Reside within Victoria, New South Wales, Queensland, and/or Australian Capital Territory, and have a valid postal address within Victoria, New South Wales, Queensland, and/or Australian Capital Territory.   b) Purchase any Participating Products from the list above, from a Participating Retailer in Victoria, New South Wales, Queensland, and/or Australian Capital Territory. A Participating Retailer is any market retailer or the CherryHill farmgate. c) Scan the QR code of the “Scan, Play, Win” sticker and play the Cherry Farm Adventures game.   d) Take a screenshot of their highest score of the Cherry Farm Adventures game (“Screenshot”).   e) Visit the official CherryHill Orchards Facebook and find the promotion post. Comment on the post by posting the Screenshot and sharing the post on their personal Facebook page.    f) Eligible Entrants must retain the original purchase receipttax invoice for the entry to be valid. CherryHill reserves the right to request production of the original purchase receipttax invoice prior to redemption of the Prize. The tax invoice must clearly specify the date of purchase, receipt/invoice number, store of purchase, that the product(s) purchased are Participating Product(s).
9	Entries permitted	One (1) entry per valid tax invoice is permitted. Multiple entries are permitted as long as each entry is supported by a valid tax invoice. Each entry must comply with these Terms and Conditions.
10	Invalid entries	a) Incomplete entries or entries which do not comply with these Terms and Conditions will be deemed invalid, subject to the discretion of the Promoter.   b) The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
11	Prize	AUD$1,000.00 to be provided in the form of a digital Visa or Mastercard Gift Card at the Promoter’s discretion
12	Total number of Prizes	One (1)
13	Value of Prize Pool	Total Prize pool (including GST): AUD$1,000.00
14	Conditions of Prize	a) As per Terms and Conditions of entry.   b) The Prize is not transferable or exchangeable and cannot be converted to cash.   c) Digital Gift Card conditions are subject to any terms and conditions of the issuer.   d) Any ancillary costs associated with redeeming the Digital Gift Card are not included.   e) Any unused balance of the Digital Gift Card will not be awarded as cash.   f) The Promoter reserves the right to substitute a different prize item of equal or greater value in the event the Prize is unavailable.
15	How the Winner is determined	a) The Promoter will conduct a random prize draw on 8 January 2024, 11.00am AEST at 474 Queens Road, Wandin East, Victoria 3139 to determine the Winner.   b) In the event that the Prize remains unclaimed by 31 January 2024, 11.00am AEST, or an entry is deemed invalid, or otherwise forfeited, the Promoter will conduct a further draw from all remaining entries into the Promotion to determine the Winner at 474 Queens Road, Wandin East, Victoria 3139 on 1 February 2024, 11.00am AEST (“Unclaimed Prize Draw”).   (“Winner”)
16	Promoter’s right to reject and verify	a) Without limiting the Promoter’s other rights, the Promoter reserves the right, at any time and at its sole discretion, to verify the validity of entries and the identity and address of the Eligible Entrants. The Promoter may at its absolute discretion, require the Eligible Entrant to provide the original valid tax invoice to the Promoter. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid.   b) The Promoter reserves the right, in its sole and absolute discretion, to disqualify any Eligible Entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct with the intention of jeopardising fair and proper conduct of the Promotion. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation in future promotions of the Promoter.   c) Late or misdirected entries, or any other errors and omissions, may be accepted at the Promoter’s discretion.   d) Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
17	Notification of Winner	The Winner will be contacted via Facebook direct message by 8 January 2024 at 12.00pm AEST. The Winner will then be required to contact the Promoter by the time specified in the notification post / message in order to verify their entry and organise acceptance of their Prize.
18	Winner Publication Details	The name of the Winner will be published on the Promoter’s Facebook page and website on 9 January 2024. The Winner of the Unclaimed Prize Draw (if required) will be published on the Promoter’s Facebook page and website on 2 February 2024.
19	Risks	The entrant acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require the Winner to sign an indemnity and release prior to participation in the Prize fulfilment.
20	Force majeure	a) If this Promotion is not capable of running as planned or the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion in the manner described in these Terms and Conditions is significantly hindered or the administration, security, fairness or integrity of the Promotion is corrupted or affected, due to any reason including but not limited to computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures, vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism or any other cause beyond the control of the Promoter, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the Promotion Period.   b) In addition, the Promoter may in its absolute discretion, cancel, terminate, modify or suspend the Promotion, invalidate any affected entries, or suspend or modify the Prize, subject to any law or written direction given by a relevant Regulatory Authority.
21	Liability	a) The Promoter is not liable and the Entrant hereby releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents) from and against all actions, penalties, liabilities, claims or demands the Entrant may have against the Promoter or any loss or damage whatsoever which is suffered by the Entrant, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained, arising in any way out of the Promotion, including but not limited to during the course of accepting or using the Prize, except for any liability which cannot be excluded by law.   b) To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees regarding the Promotion and the Prize which may have been made in the course of advertising or promoting the Promotion.
22	Australian Consumer Law	These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth)), as well as any other implied warranties or consumer protection laws in the States and Territories of Australia, where to do so would contravene that statute or cause any part of these terms and conditions to be void.
23	Tax	The Winner should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.
24	Privacy	a) The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties (including third parties outside Australia), including but not limited to agents, contractors, service providers and prize suppliers. The Entrants consent to their PI being provided as a condition of entering into this Promotion.   b) In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant.   c) The Promoter will use and handle the PI in accordance with its Privacy Policy, which can be accessed at www.cherryhill.com.au or by calling 1300 243 779, and in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles.
25	Consent to use / Publicity	a) Entrants (including the Winner) may be required to participate in follow-up interviews and publicity.   b) By entering the Promotion, the Entrants agree that the Promoter may use their entry content, name, images, photograph/s, likeness, film and sound recordings and any other material created during their participation for publicity and promotion purposes, for an unlimited time, worldwide and without compensation in any media, social media, advertising and/or promoting any goods and services of the Promoter. The Entrants further agree that the Promoter will own copyright in any such entry content, name, images, photograph/s, likeness, film and sound recordings and any other material incorporating the above.
26	Social Media	a) Facebook may be used to advertise or promote the Promotion. By entering the Promotion, the Entrants agree that the Promotion is in no way sponsored, endorsed or administered by or associated with Facebook. The Entrants further release Facebook from any and all liability relating to the Promotion.   b) Entry and continued participation in the promotion is dependent on Entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at Facebook’s website.   c) Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook.
27	Governing Law	These Terms and Conditions will be governed by and must be construed with the laws of Victoria, Australia, and each party irrevocably submits to the exclusive jurisdiction of the Courts of Victoria, Australia.
28	Decision is final	All decisions made by the Promoter are at the absolute discretion of the Promoter and are final and binding. No correspondence will be entered into.   These Terms and Conditions constitute the entire terms and conditions between each Eligible Entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its discretion.