GIVTU (ACNC Registered)
TRADE PROMOTION LOTTERY
TP/02355
PROMOTION TERMS & CONDITIONS

The Fortune Jackpot

This trade promotion ('Promotion') is conducted by Givtu Limited (ABN) 93 649 444 057 ('Promoter'), of Level 1, 145 William St, Darlinghurst, NSW 2010.

The name of the Promotion is THE FORTUNE.

No Unwanted Emails: By participating in this promotion, you will not receive unwanted marketing materials. You won't be added to mailing lists or receive promotional emails. Only essential information about the event will be sent, with no marketing content included. Your information will not be shared, distributed, or disclosed to any third party without your authorisation.

Launch Period - Special Condition

During the launch period, potential participants of the Givtu "Game for Good" draws may enter the trade promotion under a special condition. By signing up to the game site, participants agree to be entered into the Fortune Draw without the need to accept the terms and conditions of the trade promotion beforehand.

However, participants acknowledge that no jackpot will be awarded unless the terms and conditions of the Fortune Draw trade promotion are accepted prior to claiming any prize.

This allows participants to explore the site and participate in at least two Fortune Draws before deciding to play and agree to the terms and conditions of the games.

1. Purpose - Expanding the Reach and Impact of Givtu

   1. Charities and Friends

      This Givtu Trade Promotion is designed to further Givtu's charitable objectives, raising community awareness for the benefit of residents of New South Wales and extending to other Australian states where the NSW originating game activities are permitted. Governed by New South Wales law, this Promotion is part of our larger 'Charities and Friends' initiative. By participating, entrants acknowledge and agree to these terms, as outlined in various publications by the Promoter.

   2. Objective and Scope - Philanthropic Engagement and Community Collaboration

      The primary aim is to engage Participants in the realm of philanthropy in a meaningful way by providing support to the community and advance Givtu's shared charitable goals across NSW and in other Australian states that recognise NSW gaming activities. The Promotion actively seeks collaboration and open dialogue with charities and community members to be part of our expanding network. Integrating the two groups while maintaining clarity and focus on supporting fellow Australians, we get to:

      1. Expand our Charitable Network: We actively seek partnerships with various charities and community organisations to broaden the scope of our philanthropic impact.
      2. Engage Participants Meaningfully: The focus is on meaningful engagement with Participants, encouraging them to contribute to charitable causes in a way that goes beyond mere financial donations.
      3. Foster Community Involvement: We believe in the power of community and aim to create a network where individuals can come together to support and uplift each other, aligning with Givtu's mission of societal betterment.
      4. Ensure a Wide Reach: By extending our activities across NSW and other states that recognise our gaming activities, we aim to have a broader impact, reaching more communities and supporting more causes.
   3. Charities, Friends Initiative, and the Role of Fortune-Keys in Enhancing Community Support and Engagement

      Purpose and Philanthropic Engagement: At the heart of Givtu's mission, this charity channel initiative strengthens community ties and amplifies our impact on charitable causes. It transcends a typical loyalty program, embodying a commitment to making a difference through innovative philanthropy intertwined with the opportunity to participate in a weekly jackpot lottery game - see Section 8 below.

      Incentive-Driven Charity Support and Fortune-Keys: We encourage and reward participants for introducing new members and referring others to our cause, and for their ongoing charitable engagement. These incentives, including our unique Fortune-Keys, are designed as catalysts for broader charitable engagement rather than just rewards. Fortune-Keys are special tokens that allow you to enter our weekly jackpot lottery. While they reward your contributions, their main purpose is to celebrate and encourage ongoing support for charitable causes.

      Engaging Content, Interactive Games, and Weekly Lottery Participation: Participants enjoy content and games that raise awareness about our supported charities. The Fortune-Keys allow access to the weekly jackpot lottery, adding an exciting dimension to their engagement with Givtu. This lottery is conducted in a spirit of fun and community participation, with the overarching goal of supporting charitable causes.

      Simplified Giving with a Multiple-Play ('Multi') and Ongoing Engagement: Our Multi offering controls excessive gaming, eases irregular costs while focusing on the nobility of giving. Keep your subscription active and stay involved with our charity work to remain eligible for the weekly lottery draws.

      Networking and Community Building: The initiative offers networking opportunities, fostering a sense of community. We organise events for Participants to learn about our charity colleagues and celebrate our collective impact. In line with responsible gaming principles, the distribution and use of Fortune-Keys are managed ethically and transparently, balancing the excitement of a lottery game with the Promotion of charitable acts.

      Feedback, Development, and Transparency: Participant feedback shapes the initiative. We evolve our program based on insights and suggestions, ensuring alignment with community needs. Regular updates and impact reports on the utilisation of contributions and their tangible difference are shared with Participants, promoting transparency.

      Empowerment and Distinct Approach - Loyalty Draw: Givtu's model empowers Participants to actively support and uplift communities with the integration of philanthropy with the excitement of a lottery. This approach deepens the commitment to societal betterment and distinguishing itself from traditional gaming incentives (more in section 7). As a token of appreciation for their philanthropic contributions, every Participant is automatically entered into the Loyalty Draw after the Grand Prize draw is finished. This gives Participants a chance to receive additional Fortune Keys for the weekly jackpot draw, enhancing their engagement and potential. The Loyalty Draw is a part of this trade promotion and distinct from the regular prize pool.

   4. Participation

      Entrants accept these conditions where requested during the registration process. The Promotion is a platform for constructive engagement with various charities. By creating a bridge between charitable causes and the community, this Promotion not only rewards Participants but also contributes significantly to the public benefit.

      The Promotion is only open to eligible entities ('Participants') who are:

      1. Australian residents aged 18 years or older at the time of entry;
      2. Other charities and similar associations ('Charities');
      3. Givtu friends and members ('Friends'); and
      4. not directors, management, employees, or their immediate family members of the Promoter or its related companies, its agencies, or other companies associated with, or benefit from, the Promotion.
      5. not residents of excluded states.

      A reference to an immediate family member(s) means any of the following: spouse, partner, child, parent and siblings.

      The Promotion event commences at 1.00 am on 1 January 2024 AEDT and is ongoing until the termination of the authority ('Event Period'). The Promotion does not conclude when a jackpot is won. Instead, immediately after a jackpot prize is awarded, the Promotion will seamlessly transition to a new jackpot game. This subsequent game will operate under the exact same format, terms, and conditions as the preceding game. This means that all the rules, entry criteria, and prize structures from the current game will apply unchanged to the new game, ensuring consistency and continuity for Participants.

   5. Multi for Support

      Givtu's Multi offer is designed for convenience and responsible support of our charitable initiatives. This system allows Participants to automatically contribute to our cause in a controlled, manageable manner and assists our charitable causes by creating a reliable flow of support. Important Features Ensure:

      1. Spend Limits: Participants can limit themselves within the Multi system, ensuring that their support aligns with their personal financial comfort levels. Givtu provides for a maximum of $250 per game unless we run an extraordinary call-out for a special purpose fundraising event such as an emergency appeal.
      2. Regular Notifications: With each Multi transaction, Participants receive a notification, giving them an opportunity to review and adjust their contribution or opt-out if they wish.
      3. Contribution Transparency: Participants have access to a clear and detailed record of their contributions through 'Payments & History' in their Givtu account, promoting transparency and enabling them to monitor their support over time.
      4. Autonomy in Participation: Enrolment in the Multi system is completely optional. Participants can choose to support Givtu through one-time contributions if they prefer.
      5. No Encouragement for Excessive Contribution: Our communication and marketing related to the Multi will focus on the impact of contributions rather than the frequency or amount, ensuring we do not encourage excessive spending.
      6. Support and Assistance: For Participants who need assistance with managing their contributions or have concerns about their spending, we offer support to promote responsible participation.
      7. Easy Opt-Out Option: Participants can easily cancel their Multi at any time without penalties, ensuring they remain in control of their financial contributions.

      By integrating these features of our trade promotion, we aim to uphold the highest standards of responsible gaming and ensure that our Participants' remain motivated and supportive of Givtu's charitable causes in both meaningful ways and within their means.

2. Entry and Exit Process

   Entering the Fortune Trade Promotion:

   For you to be entered into The Fortune trade promotion, you must follow these steps:

   1. Select Your Charitable Cause and Dream wish: When you play, choose the charitable cause you wish to support and the dream wish you aim to achieve. This helps align your contributions with your passions and goals.
   2. Confirm Your Multi Order: Please select the level of financial support you are comfortable providing on a weekly basis through a recurring payment plan. Participation in the trade promotion enables us to effectively plan and execute our mission for the upcoming months. Note: Single-play entries are not eligible for participation in The Fortune trade promotion unless accompanied by a multi-play entry or received as part of a loyalty award.
   3. Agree to Terms and Conditions: On the final screen before payment, tick the box affirmatively to the statement: 'I have read and agree to the Terms and Conditions of The Fortune.
   4. Payment: Complete the payment process to finalise your entry and confirm your participation.

   By completing these steps, Participants are officially entered into the Fortune trade promotion.

   Stay Current: It is essential for Participants to keep their Multi contributions up-to-date to maintain eligibility in the promotion. You can keep your Active Status with as little as $8 for 8 games recurring. Otherwise, non-transferable Fortune-Keys will expire after the last draw for which they are subscribed. Givtu provides no reminding service prior to deducting your subscription amount. Givtu trade promotion does not reach out to the excluded states with regard to its promotional purpose and will limit a potential Participant who primarily resides there. However, residents of excluded states traveling in NSW are generally permitted to play community games.

   Rewards: Depending on your interaction with us on our website, Friends and Participants can receive additional free entries in appreciation of their ongoing support. Upon providing the requested information, we will update your dashboard status, subject to any necessary verification. To be a valid entry, Participants must provide all details requested by us.

   Important Notice: Claim Your Loyalty Rewards

   To maximize your experience in the Fortune Draw, it's essential to understand how Fortune Keys work:

   Activation Requirement:
   When you receive Fortune Keys as part of our trade promotion rewards, they must be active to participate in the Fortune Draw. Unactivated Keys will not be recognized in our system and are ineligible for the Draw.

   How to Activate:

   1. Multi subscribers:
      If you are subscribed to our Multi plan, all claimed Fortune Keys you receive will automatically activate when due.
   2. Loyalty Keys:
      For additional Fortune Keys received during gameplay, you must claim them manually to activate:
      1. Login: Access your dashboard.
      2. Check Tickets: On the "Playing Now" page, press "Check Tickets", then continue the "Reveal" process to see your prize(s) and loyalty reward.
      3. Return to Dashboard: Enter the "Claims" sphere to collect your Fortune Keys and be ready for the next Fortune Draw.

   Activation Deadline:
   To ensure your Keys are eligible for the Fortune Draw, activate them prior to the next scheduled draw event. Unactivated Keys remain inactive and will not be included.

   Stay Active:
   Maintaining an Active Status Multi subscription at any level is essential to keep all your Fortune Keys Immortal - meaning they are in play for every Fortune Draw until the jackpot is won. Failure to maintain an Active Status will result in the cancellation of your Immortal Fortune Keys.

   Don't Miss Out

   Claiming and activating your Fortune Keys, as well as maintaining an active Multi subscription (even with just one entry per game), are essential steps to participate in our Fortune Draws. Ensure your Keys are activated to maximize your chances of winning.

   Early Exit: When a Participant ends their involvement or fails to remain current with the weekday raffle draws, their Fortune-Keys are considered returned to the organiser and in accordance with the organiser's register records. The Participant acknowledges and agrees that they no longer have any claim to these Fortune-Keys. Subsequently, the returned Fortune-Keys are added back to the pool of available keys and can be reissued to other Participants.

   Support: Our mission extends beyond one-time contributions; we aim to foster enduring support and engagement with the causes we care about. To this end, Fortune-Keys are only retained by Participants who opt for our 'Multi' recurring payment scheme. This model ensures that our charitable projects receive consistent support, crucial for planning and implementing long-term initiatives effectively. By choosing the Multi option, Participants demonstrate their commitment to ongoing philanthropic support, allowing us to expand and deepen the impact of our collaborative efforts. This approach not only benefits the charities we support but also strengthens the community of givers who are committed to making a lasting difference.

   Opt-Out: A Participant can withdraw from the trade promotion at any time they wish by sending a request to do so [here] (hello@givtu.com).

   Incidentals: Givtu reserves the right to modify or suspend the Promotion from time to time without notice to the Participant. We assume no responsibility for any error, omission, interruption, or delay a Participant may experience from our modifying or suspending the Promotion.
   
   Entrants may only enter the Promotion in their name. Multiple entries are supported; each entry must comply with these conditions. We take no responsibility for late, lost, incomplete, incorrectly submitted, ineligible, misdirected entries or delays, or failures in any equipment or telecommunications service used to administer the Promotion. Participants must submit their internet entries personally.

   Entry is free, but internet connection and usage rates may apply, particularly when watching video material. Participants should check with their service providers for cost details if concerned.

   We are not responsible if your mobile device or desktop computer cannot facilitate an entry.

   We may declare an entry invalid if an entrant tampers with the entry process or benefits from such tampering, submit an incomplete entry or not under these conditions, or otherwise acts in a disruptive manner, dishonestly, or calculated to jeopardise fair and proper conduct of the Promotion.

3. Fortune-Keys

   1. Overview of Fortune-Key Process:

      In the Givtu Trade Promotion Lottery, Fortune-Keys are allocated to Participants based on several criteria including, but not limited to, their active support and engagement with the charity, loyalty bonuses and continued subscription to automatic payments (Multi). Retaining these keys is crucial for ongoing eligibility in all Fortune Jackpot Draws.

   2. Fortune-Key Creation:

      Upon registering and subscribing, you will enter a 4-week cycle during which you will receive loyalty Fortune-Keys at set intervals. Before allocation, each Fortune-Key is generated through a random shuffle of the pool of available keys. This process guarantees that every allocated key is unique, ensuring no duplicates exist at any time. Such measures uphold fairness and transparency, giving everyone an equal and fair chance to participate in our Fortune Jackpot draw.

   3. Method of Allocation:

      The total number of Fortune-Keys allocated to a Participant is determined by the Promotion's rules and the Participant's level of engagement. Fortune-Keys will be distributed in approximate equal parts each week plus those you might receive in the raffle game play. For example, if a Participant is entitled to 20 Fortune-Keys during the cycle, they will receive 5 Fortune-Keys prior to the Fortune Jackpot for the next Sunday event and a further 5 Fortune-Keys on the following Sunday and so on accumulating more each week. Additional Fortune Keys may be allocated to Participants as loyalty rewards or positive support of Givtu's work.

   4. Tracking and Notification:

      You can see how many Fortune-Keys you have accumulated each week by checking your account dashboard on the Givtu website.

   5. Conditions and Considerations:

      In the event of any changes to a Participant's status or eligibility (such as account deactivation, moving to an ineligible region, or opting out), the allocation of Fortune-Keys will be adjusted accordingly for the remainder of the period. If you cancel all subscriptions, you will ultimately lose the Fortune-Keys you hold. Participants should maintain their Active Status ($8 per 8 games rollover minimum) and be financial to ensure uninterrupted Fortune-Key allocations and weekly draw participation.

   6. Commitment to Fairness:

      This structured and transparent method of Fortune-Key allocation is part of our commitment to ensuring fairness and equal opportunity for all Participants in the Givtu Trade Promotion Lottery.

   7. Accumulation and Validity of Fortune-Keys:

      Accumulation: Fortune-Keys awarded to Participants will accumulate each week throughout the duration of the Promotion. Participants will have the opportunity to use all accumulated Fortune-Keys in each Sunday draw, enhancing their chances of winning.

      Validity: By maintaining your subscription at any level, your accumulated Fortune-Keys will remain valid and playable for all weekly draws until the jackpot is won. This arrangement ensures that Participants can consistently engage with the Promotion using all earned Fortune-Keys, thereby enhancing their chances of success.

      Expiration: Once a jackpot winner is declared, all active Fortune-Keys will expire. This expiration of Fortune-Keys upon the winning of a jackpot ensures a fresh start for all Participants in subsequent draws, maintaining the fairness and excitement of the Promotion.

   8. Key Activation

      Inactive Fortune-Keys will be activated automatically, making them eligible for upcoming Fortune draws. However, if a key drawn in the Fortune Jackpot Lottery event corresponds to an unactivated Fortune-Key that becomes active after the draw, it is not valid for that particular draw. This rule ensures that only keys active at the time of the draw are eligible for winning.

   9. Transfer of Unactivated Keys

      Any trade promotion keys that have not been activated prior to the conclusion of a jackpot draw will be automatically reissued in the next jackpot round. This policy ensures that all keys retain their potential for participation, regardless of their activation status at the time of the draw. Provided you remain subscribed, your inclusion in the subsequent jackpot round commences immediately after the current draw is concluded, allowing for continuous and seamless participation.

4. Deadline for Givtu Fortune Participation
   1. Draw Entry Deadline: The timing of participation will influence the allocation of Fortune-Keys. Participants are encouraged to subscribe prior to the Sunday @ 6:00 pm draw in a timely manner to maximise their involvement in the next Jackpot game. Givtu reserves the right and will declare 'no more entries' at any time prior to the draw taking place so get in early. Fortune Keys claimed after this time will be active in the following week.
   2. Fortune-Key Allocation: All Participants are eligible to receive Fortune-Keys; however, certain conditions apply in order to retain them.
   3. Calculation of Keys: Fortune-Keys are allocated to Participants based on a variety of factors that reflect their engagement with Givtu. These factors include but are not limited to, financial contributions, active participation in charity-related activities, and the duration of their interaction with the platform. This method ensures a fair and equitable distribution of Fortune-Keys, directly linking the number of keys a Participant receives to their ongoing engagement with Givtu. Specifically, the allocation of Fortune-Keys is based on how Participants integrate their financial (and non-financial) contributions into the reward system, rather than purely the number of draws in which they participate. This approach not only incentivises continuous support but also closely aligns rewards with the level of each Participant's commitment.
   4. Participant Responsibility: Participants are responsible for understanding the key allocation process and ensuring their timely Multi participation to be in the Fortune Draws. The Promoter disclaims liability for any misunderstandings or incorrect interpretations of these terms.

   5. Notification of Key Allocation: The Promoter will inform Participants about the key allocation process through their dashboard from where a Participant can monitor their games. Participants are advised to stay updated by regularly checking these sources for the latest information.

   6. Changes to Terms: The Promoter reserves the right to modify the key allocation process and associated terms. Any such changes will be communicated to all Participants in a clear and timely manner.

5. Draw Process
   1. Fortune Revealing Process

      The Fortune Jackpot, uploaded for viewing every Sunday evening at 6:00pm. precisely, is a pre-recorded event. The conduct of the draw is secure and overseen by an independent scrutineer from a charity organisation or like-minded individual, serving as an unrelated third-party to ensure integrity before the event is broadcast publicly.

      1. Presentation: Hosted by a Givtu ambassador, the draw uniquely combines an alphabet letter selection play with humor and/or with topical commentary. This approach not only adds an element of entertainment but also keeps all our Fortune-Key-Folks engaged week after week.
      2. Transparency: The decision to pre-record is driven by a commitment to the highest standards of fairness and impartiality, while the format, blending amusement with current affairs, ensures a lively and captivating experience for viewers.
   2. Security and Confidentiality

      Fortune Keys are assigned to participants throughout the game period, generated by a computer system. The selection process is carried out manually by the host and is recorded on video. All video footage, from the initial recording to the final version, is securely stored and encrypted to prevent unauthorised access. This manual selection process, conducted by the host, ensures the integrity of the random computer-generated Fortune Keys distributed to each participant. This security requirement extends to all Participants, as well as staff and management, ensuring that no potential recipient has access to the results until they are publicly disclosed. This protocol is implemented to preserve the integrity of the draw and guarantee that all outcomes are equitable and impartial. Givtu assures that every component of the game, from how the keys are distributed to the mechanics of the drawing itself, is executed through randomised processes. This approach effectively eliminates any potential for manipulating the results to favor any particular outcome.

   3. Fairness
      1. Random Allocation: All Fortune-Keys sequences are allocated randomly. There is no provision for Participants to select or request specific key combinations. This random allocation is fundamental to the fairness and unpredictability of the outcome, ensuring an equal chance of winning for all Participants.
      2. Fairness in Allocation: To maintain the fairness and integrity of the draw, the allocation of Fortune-Keys is conducted using a system that ensures complete randomness and impartiality. This system is audited and monitored to prevent any form of manipulation or bias.

      Participants can be assured of our commitment to fairness, transparency, and security in the conduct of the Promotion. We strive to maintain the highest standards of integrity in all aspects of the Promotion, and the measures outlined here are integral to that commitment.

   4. Jackpot Progression

      No jackpot is awarded unless there is a winner; thus, the prize pot rolls over week after week, accumulating until it is won. This rolling mechanism ensures that the stakes get higher over time, adding excitement and increasing Participant engagement. Participants who remain actively engaged in the Promotion retain the opportunity to compete in the weekly draw, maintaining and increasing their chance to win the growing jackpot.

6. Eligibility and Disqualification

   We reserve the right to require a Participant to validate their entry within the requested time, including but not limited to the identity, eligibility, age, and any required information. Entrants must remain financially up-to-date at all relevant times during the games to maintain their eligibility. Errors and omissions may lead to disqualification. Any failure to maintain a valid financial status, such as when an entry in the primary draw game (from which some Fortune-Keys may relate to) is disputed and results in a refund of the entry value, may result in disqualification in this Promotion; all Fortune-Keys may be voided. Entrants who do not satisfy any entry criteria outlined in these conditions may face disqualification. The determination of suitable proof for verification rests solely at our discretion.

7. Philanthropy-Focused Engagement in The Fortune Game

   Engagement in The Fortune game, a philanthropy-driven promotional game of chance, is complimentary and emphasises altruistic participation. The Fortune-Keys, symbolic of one's commitment to charity, facilitates entry and is non-transferable, embodying no financial value. Participation in this unique game is dependent on joining a philanthropic movement, ensuring equitable access for everyone. To be eligible for The Fortune game, Participants are invited to:

   1. Complete the Online Philanthropy Pledge: This involves a simple online registration process, symbolising an ongoing pledge to support a locality you care for. It's not just about playing a game; it's about joining a movement of positive social change.
   2. Embrace the Spirit of Giving: By accepting the terms and conditions associated with The Fortune, Participants commit to the ethos of philanthropy and community support that Givtu upholds.
   3. Join the 'Givtu Charity and Friends' Community: This is a step beyond mere participation; it's about becoming part of a collective force driving philanthropic endeavors. This community engagement underlines a commitment to making a tangible difference, rather than a financial transaction.

   The Fortune, therefore, serves not just as a medium of entertainment but as an extension of our Participants' philanthropic journey, reinforcing the joy and importance of giving back to the community.

   A player wins if their Fortune-Key series appears in the same order as our event series transpires. Once the sequence is known, we shall verify the original winner is eligible to receive the prize. If the winner is Ineligible the game will be annulled and play will recommence the following week.

8. Community Jackpot - Givtu Legacy

   The Fortune Jackpot is published each Sunday from 6:00 pm at Level 1, 145 William St Darlinghurst, NSW 2010; we announce the weekly play results on our website.

   1. Winner's Impact and Legacy

      Winning The Fortune extends beyond mere financial gain; it opens the door to a transformative influence on a community of your choosing. As a winner, you have the privilege of naming a 'Givtu Legacy' that is tailored to suit the specific needs and scale of the selected community. This contribution is designed as more than just a cash transfer - it's a long-term strategy, crafted to provide ongoing support and benefits, ensuring a sustained positive impact. This select locality becomes the focus of the legacy efforts, transforming your selection into a continuous source of community support.

      The winner of the Fortune Jackpot will select a community to receive the legacy benefits. For more detailed information on how these legacy contributions are managed and sustained, refer to Section 10.2.

9. Provisions Applicable to Prizes

   Any additional costs incurred in acceptance of a prize are the responsibility of the winner. Other than as expressed in these conditions, a prize is non-transferable.

10. Winners

    1. Fortune Prize Winners:

       Notice:

       The winner will be notified by phone or email within two business days, using the contact details provided in their entry. It is important that the winner responds promptly as the notification will include instructions on how to claim the prize. Verification of the winner is required to finalize the claim.

       If the winner cannot be found, Givtu will still proceed with the legacy process, ensuring that the proceeds benefit the community the winner had nominated. If the winner did not nominate a community during the course of play, Givtu reserves the right to allocate the funds at its sole discretion.

       Declared:

       The winner's initials and location only will be disclosed during the promotion. The declaration of the winner is solely at the discretion of Givtu and is governed by these terms and conditions.

       A Participant is ineligible ('Ineligible') if the:

       1. prize is not claimed by a winner within 12 months of date of draw and we have been unable (despite reasonable efforts) to contact the winner; or
       2. prize is forfeited for any legitimate reason;
       3. winner is determined by the Promoter to be Ineligible to win the prize under these conditions, or
       4. The Participants's payment for the draw lottery is rejected, in which case their entry in the Fortune is vacated and void ab initio.

       If a selected participant is found ineligible for the prize or cannot be found, the award will be voided, and the Jackpot prize will be returned to the prize pool. Any unclaimed prizes will be redirected into future Fortune games. This strategy ensures that the value of the unclaimed prize is not wasted but instead used to enhance the excitement and potential winnings of subsequent draws. By reallocating these resources, Givtu sustains the appeal and momentum of its lottery games, keeping participants engaged and maximizing the overall impact of the prize pool over time.

    2. Givtu Legacy: Empowering Communities with Every Win

       Empowering Community Legacy

       In addition to the exhilaration of winning The Fortune, each winner is granted a unique opportunity to create a lasting impact. The Givtu Legacy initiative allows the winner to nominate a community to receive an ongoing benefit for many years to come. The management of the Givtu Legacy is subject to and contingent on community participation with proposed legacy recipient organisations provided for in Section 10.6 below.

       Nomination and Allocation Process

       Community Choice: When a jackpot event occurs, the recipient community, adopted by Givtu and based on a winners selection, will be announced. This announcement is a fundamental aspect of the Givtu Legacy.

       Direct Allocation by Givtu: After the selection, Givtu will distribute a proportional share of income from its investment assets to the designated community. This allocation process is deliberately structured to significantly impact the selected population, ensuring the sustainability of the Givtu Legacy. The financial support is solely derived from the earnings of Givtu's investments, providing a reliable and consistent contribution that corresponds with the original prize's value.

       Additionally, the nature of the support is highly adaptable and dynamic, designed to cater to the diverse and evolving needs of the selected community. Givtu aims to address a broad spectrum of community requirements, which can include but are not limited to:

       1. Community Health Programs: Funding could support local health clinics, mental health services, or wellness programs, particularly in underserved areas.
       2. Educational Resources and Facilities: Investments in local schools, libraries, or educational programs, including the provision of technology, books, and learning materials.
       3. Environmental Conservation Projects: Initiatives like tree planting, community gardens, or conservation education programs to promote environmental awareness and sustainability.
       4. Youth and Senior Services: Establishing or enhancing community centers or programs that cater to the specific needs of youth and senior citizens.
       5. Infrastructure Development: Improvements to public spaces such as parks, playgrounds, or sports facilities, and infrastructure upgrades like road repairs or public transportation enhancements.
       6. Cultural and Arts Programs: Support for local arts and cultural events, museums, or community theaters to enrich the cultural fabric of the area.
       7. Emergency Preparedness and Relief Resources: Development of emergency shelters, training for disaster response, or provision of emergency equipment and supplies.
       8. Economic Development: Initiatives to boost local economic and market development.
       9. Technology and Connectivity Improvements: Enhancing internet access and digital literacy in communities, especially in remote or underserved areas.
       10. Affordable Housing Projects: Funding could be directed towards creating or improving affordable housing options to support community members in need.
       11. Food Security Initiatives: Establishment of food banks, community pantries, or support for local agriculture to address food scarcity and promote food security.
       12. Community Safety Programs: Implementing neighborhood watch programs, upgrading public lighting, or providing safety training and resources.
       13. Recreational and Leisure Spaces: Creating or upgrading community recreational spaces like public pools, trails, or dog parks.
       14. Support for Local Charities and Nonprofits: Providing grants or resources to local charities and nonprofits that are already making a positive impact in the community.
       15. Transportation Accessibility Improvements: Enhancing the accessibility and efficiency of public transportation systems for the benefit of community mobility.
       16. Community grassroots microeconomic projects for sustainable development: These projects typically focus on building community capacity, fostering economic independence, and encouraging local entrepreneurship, which can have long-term benefits.

       The selection of any beneficiaries will be in consultation with a community legacy committee of suitably qualified representatives.

    3. Stewardship

       Givtu Legacy and Community Support by Givtu: As previously reported, the financial support provided to winning communities is derived solely from the income generated by Givtu Legacy assets, based on their market performance and the size of the jackpot. Givtu retains full ownership of the assets of the Givtu Legacy at all times. Communities supported under this initiative do not acquire any entitlement or lien over Givtu's assets. Our commitment to the community is strictly limited to sharing the revenue generated from these assets, not from any capital gains, realised or not. In essence, Givtu's support to communities is exclusively through the distribution of income returns, while the Givtu Legacy assets remain under Givtu's ownership ensuring its asset base to continue generating future support.

       Support Duration: Givtu pledges to provide perpetual support to the chosen community, which will serve as the beneficiary. This support is designed to have a durable and continuous positive impact and based on community need.

       Active Nomination Limit: To ensure equitable distribution of resources and opportunities, a community is, subject to Givtu Discretion, limited to having two active beneficial support programs under the Givtu Legacy initiative at any given time. This policy is designed to prevent overlap and ensure that the support provided is focused and effective for all communities generally.

       Transparent Disbursement: Givtu will transparently disburse the allocated resources directly to community projects or causes, ensuring that the benefits are tangible and visible.

       Community Engagement and Reporting: Regular updates on how the resources are utilised will be provided to both the community and Givtu Participants. This process ensures continued engagement and demonstrates the impact of the initiative.

       Givtu Discretion: In selecting any program and its need for the Givtu Legacy, Givtu retains the discretion to evaluate the feasibility and potential impact of the proposed support program. This includes but is not limited to assessing the community's current socio-economic status, existing support systems, and the long-term sustainability of the proposed projects. Givtu may also consider the alignment of the proposed projects with its core values and mission. In cases where a proposed community or project does not meet Givtu's criteria, Givtu reserves the right to independently find a suitable alternative that aligns with the initiative's goals and Givtu's operational capabilities.

       Possible Conditions for Legacy Suspension:

       Givtu acknowledges that prevailing circumstances may necessitate the suspension of support under the Givtu Legacy. This proactive approach ensures that the initiative remains responsive and adaptable to changing conditions, safeguarding its long-term sustainability and impact. Additionally, should the market performance of Givtu Legacy assets endure prolonged downturns, the resulting limited income might require a reevaluation of support due to insufficient funds. Conversely, if the socio-economic conditions of a supported community improve significantly or robust independent support systems develop, Givtu may determine that continued financial support is no longer required at this location. In such cases, support may be redirected to other communities with greater needs, aligning with Givtu's commitment to allocating its resources where they are most effective.

    4. Focused on Charitable Impact:

       The initiative is designed to maximise the charitable impact within the community while adhering to Givtu's governance and ethical guidelines.

       Adherence to Regulations: Givtu will ensure that all allocations and activities comply with relevant Australian laws and regulations, particularly those governing charitable activities and donations.

    5. Community Collaboration Accord ('Agreement')

       Anticipated Collaboration:

       For the effective operation of the Givtu Legacy initiative, Givtu aims to forge a tailored agreement with community representatives. This Agreement is designed to address the unique requirements of the community, outlining the terms of support, roles, and responsibilities of both Givtu and the community representatives. It is vital for mutual understanding and essential for successfully implementing the Givtu Legacy. The accord will be crafted to fit specific conditions and needs, focusing on terms that are conducive to efficient implementation while aligning with the priorities and expectations of all stakeholders.

       Terms of the Agreement:

       1. Condition of Entitlement: The entitlement of the nominated community to receive support under the Givtu Legacy initiative is contingent upon the active and appropriate guidance of its responsible members and the establishment of a formal Agreement.
       2. Collaborative Support Requirement: Effective resource management and disbursement by Givtu require collaborative support from members of the nominated community, which is vital for prioritising resource allocation to best serve community needs.
       3. No Fiduciary Relationship: The parties agree that no fiduciary relationship exists between Givtu and community members in administering the resources. The relationship is governed solely by the presence of an Agreement, which determines when the legacy comes into effect.
       4. Community Engagement and Participation: Active community participation and input are crucial. Givtu will engage with community representatives and local leaders to ensure that resource distribution aligns with the community's pressing needs and long-term objectives.
       5. Transparency and Accountability: Givtu commits to high levels of transparency and accountability, maintaining regular updates and open communication channels to keep all parties informed and involved.
       6. Ongoing Review and Adjustment: Recognising that community needs may evolve, the agreement includes provisions for periodic review and adjustment of priorities to ensure ongoing relevance and effectiveness of the support.
       7. Mutual Cooperation for Community Benefit: Founded on mutual cooperation, both parties commit to working in good faith to maximise the positive impact of the Givtu Legacy for the community.

       Effectiveness of the Agreement:

       The agreement will serve as a binding commitment between Givtu and the community representatives to collaboratively pursue community development and enhancement initiatives under the Givtu Legacy. It emphasises the cooperative nature of the relationship and sets forth a structured framework for ongoing engagement and support.

       Contingency Provisions:

       Fail to Agree: If an acceptable Agreement cannot be established, Givtu shall hold no financial or other obligations to the nominated community or the winner. Givtu is not obligated to provide support under the Givtu Legacy if no Agreement is in place. This ensures that Givtu's commitments are aligned with its operational capabilities and legal framework, safeguarding the initiative's sustainability and integrity.

11. Dispute Resolution

    For any dispute arising during this Promotion or claiming a prize, refer to our Complaint Handling Policy. We will take reasonable steps to review and determine the claim and any facts or evidence you put forward and respond within thirty days.

    In the event there is no satisfactory resolution, Participants should first contact our customer service team. If the issue is not resolved satisfactorily, it may be escalated to our governance and disputes team. We aim to resolve all disputes within 30 days of receiving the complaint. Detailed procedures and forms for dispute submission can be found on our website or requested via our customer service channels.

    Our decisions concerning all aspects of the Promotion are final. Failure to enforce rights at any stage does not constitute a waiver of our rights.

12. Privacy Statement and Marketing Consent

    Collection and Use of Personal Information:
    The personal information collected from entrants by or on behalf of the Promoter is crucial for effectively administering the Promotion, ensuring compliance with relevant regulations, and enhancing the Participant experience. This information facilitates the management of entries, coordination of prizes, and communication with Participants.

    Disclosure to Third Parties:
    We may share personal information with entities assisting in the Promotion such as gaming authorities, media outlets, and related companies. Additionally, the Promoter may disclose and collect personal information about Participants from persons overseas to engage in business functions and activities pertinent to this Promotion.

    Privacy Practices and Participant Consent:
    Participants consent to the use and disclosure of their personal information as outlined in our detailed Privacy Statement and Privacy Policy. This consent underpins the management of Participant data and ensures adherence to data protection laws. If a Participant fails to provide necessary information, their registration for the Fortune Jackpot may be affected. We are committed to maintaining the confidentiality and integrity of personal information, governed by robust privacy protocols.

    Data Use for Marketing and Analysis:

    1. Direct Marketing: Participant information shall not be utilised for direct marketing purposes.
    2. Targeted Marketing: We employ online marketing methods such as data matching, audience segmentation, and market segmentation to improve the effectiveness of our marketing campaigns.
    3. Consent for Communications: Participants are required to maintain their consent to receive communications throughout the Event Period. Opting out may limit their access to beneficial information and updates related to the Promotion.

13. In General

    Nothing in these terms and conditions restricts, excludes, or modifies consumer rights under any statute, including the Competition and Consumer Act 2010 (Cth).

    If the Promotion cannot run, we reserve the right to cancel, terminate, modify or suspend the event or invalidate any affected entries, subject to the approval of any relevant gaming authorities, where required.

    We assume no responsibility for any;

    1. error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) us, whether caused by problems with communication networks or lines, computer systems, software, or internet service providers, congestion on any carrier network, or otherwise;
    2. theft, destruction, or unauthorised access to or alteration of such communications;
    3. problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion;
    4. incorrect or incomplete information communicated in the course of administering the Promotion; or
    5. delay in delivery of a prize.

    Taxation: The winner accepts the prize at their own risk. Any tax liability arising as a result of winning a prize is the responsibility of the winner. The Promoter is not responsible for any tax implications arising from you winning a prize.

    No Liability: We, our associates and personnel ('Relevant Party') exclude all liability for any loss (including any damage, claim, injury, cost, or expense) suffered or incurred by any Participants in connection with the Promotion or the prize, including without limitation any:

    1. indirect, special, economic, or consequential loss;
    2. loss arising from the negligence of a Relevant Party; and
    3. liability for personal injury or death.

    Publicity: At our request, with agreement the winner may participate in publicity surrounding winning the prize, free of charge. The winner consents to Givtu using their name, likeness, image, and voice (including any photograph, film, and recording of them) in promotional material in any media at any time without notification or compensation, financial or otherwise.

    Social Media: We may communicate or advertise this event using Facebook, Instagram, TikTok, and similar ('Social Media Platform(s)'). However, the Promotion is not sponsored, endorsed by, or associated with any Social Media Platform. Entrants release the Social Media Platforms from any liability concerning this and acknowledge this event is not sponsored, endorsed by, or associated with any Social Media Platform. Participants provide their information to us and not to any Social Media Platforms.

    Unforeseen Circumstances: To the extent that a situation, malfunction, or other issue arises for which these Terms and Conditions make no provision or in relation to which the relevant terms and conditions are unclear, the Promoter reserves the right to (a) make a decision regarding those circumstances which is not inconsistent with these Terms and Conditions; and/or (b) postpone the draw/s to a time and place which will allow the draw to be conducted in accordance with all Terms and Conditions other than those Terms and Conditions which specify the time and place of the draw/s.

    By participating in the Promotion, entrants acknowledge their understanding and acceptance of these procedures as an essential part of the Promotion's terms and conditions.

    Contact Information and Queries

    For any queries, clarifications, or assistance regarding the Givtu Trade Promotion Lottery, please contact us on our contact link on our primary website.

    Data Protection and Privacy

    We are committed to protecting your personal information. All data collected during the Promotion is processed in compliance with the relevant legislation. We implement robust security measures to safeguard your data against unauthorised access, alteration, disclosure, or destruction. For more details on how we handle personal data, please refer to our Privacy Policy.

    Scrutineers

    In respect of an individual Fortune Jackpot event, the Promoter will nominate an independent scrutineer to be present and oversee that draw.

    Amendment Clause

    The Promoter reserves the right to amend these terms and conditions at any time subject to or authority to do so. All amendments will be published on our website. Continued participation in the Promotion will be deemed as acceptance of the amended terms.

    Accessibility and Language Options

    Our terms and conditions, and other promotion-related information, are available in English only.

    Governing Law and Jurisdiction

    This Promotion is governed by the laws of New South Wales, Australia. Any disputes arising under these terms will be subject to the exclusive jurisdiction of the courts of New South Wales.

Definitions

"Active Status" means a Participant maintains a Multi subscription regardless of the level of financial support.

"Agreement" means a formal arrangement between Givtu and the community representative, who acts on behalf of the community, outlining the terms agreed upon following a successful nomination by a winner.

"Draw" means a raffle styled game that underpins the Promotion where Participants can win prizes based on randomly drawn numbers.

"Event Period" means the duration during which the Promotion is active, as specified in these terms and conditions.

"Fortune-Keys" means non-transferable unique letter codes allocated to Participants for entry into specific Fortune draws within the Promotion and referred to as Fortune-Keys.

"Friend" means entities, individuals and contributors including charities, suppliers and collaborators who engage with and support Givtu's activities.

"Givtu Legacy" means an endowment funded by Givtu and proportional to its relevant Fortune Draw. The legacy supports community projects through earnings from its assets.

"Immortal" means the Fortune Keys a Participant owns that will stay viable until the jackpot is drawn and also that a minimum Multi status is maintained.

"Loyalty Draw" means a special draw held after the main daily draws (2 different days each week), a part of this trade promotion and designed to thank our Participants for their continued support.

"Multi" means the Givtu offering that provides participants the chance to limit their weekly game play and receive a token of appreciation for their ongoing philanthropic support to our community.

"Participant" means the individual who has entered the Promotion in accordance with these terms and conditions.

"Promotion" means this trade promotion.

"Promoter" means Givtu Limited, the organiser of the Givtu Trade Promotion Lottery.

"Promotion Website" means givtu.com/fortune

"The Fortune" means "Fortune Jackpot", "Fortune", or words similar and used in marketing material or elsewhere and include coloured disc and square in trademarked material.

"Inactivate Keys" refers to those keys that were not entered into the Fortune Jackpot Draw because they were not yet scheduled to be entered.

Notes:

NSW Trade Promotion effective in N.T., Tasmania, (ACT - advertising restrictions apply)

Permits not required VIC, QLD, Tas., WA.

Permit required S.A.

1. Compliance with NSW Laws: As long as your games are compliant with the NSW Community Gaming Act, and you are adhering to all regulations therein, you are set for operating within NSW.
2. Participation of ACT Residents: ACT residents can participate in your NSW-based games provided:
   • They access the games online.
   • The games do not directly target ACT residents through advertising specific to the ACT.
3. ACT Restrictions: The ACT's gaming laws are indeed more restrictive, particularly regarding how games and promotions are advertised and conducted within the ACT. However, ACT residents can legally participate in online gaming activities and promotions that are based in other jurisdictions (like NSW), provided those games are legal in the jurisdiction they are based in and do not specifically target ACT residents.
4. Avoid Direct Promotion in the ACT: To comply fully, ensure that there is no direct marketing or targeted advertising of your NSW games within the ACT. This means avoiding local media advertisements, direct mailing, or online ads specifically aimed at ACT residents. For this reason, the Givtu trade promotion does not reach out to the ACT with regard to its promotional purpose and may limit a potential participant who primarily resides in the territory. However, ACT residents traveling in NSW are generally permitted to play.