General Terms and Conditions of Event Reward

• Article 1 — Scope
  • 1.1These terms and conditions (hereinafter referred to as the “Terms”) will establish the general terms and conditions for earning based on performance and/or achievement of certain conditions as determined by the sole discretion of the Website Operator (hereinafter referred to as the “Contests”) on the site https://cherry.tv/ (hereafter referred as to the “Website”). 
  • 1.2These Terms govern the relationship between you, as a model (hereinafter “You” or the “Model”) and CSME Technology, Inc., a Delaware corporation, and Pomona IP (Cyprus) Limited., a Cyprus limited company (hereafter referred to as “We”, “us”, “our” or the “Website Operator”).
  • 1.3The Contests applies to all the Models who are in an “active” status on https://cherry.tv/ and comply with the Website’s terms of services and the Terms as described below and provided that such participation is not prohibited by law in the country where the Model performs.
• Article 2 — Conditions for Participation
  • 2.1The rules, details and dates of each Contest are available on each Contest’s page of the Website.
  • 2.2To qualify for participating in the Contest, Models must: 1) be at least eighteen (18) years old and; 2) be on an “active” status and; 3) have an approved profile picture on the Website and; 4) comply with the terms of services (here) of the Website and the rules of the Contest. This excludes members of the Website Operator’s staff and collaborators, as well as affiliated companies and individuals (including their staff and collaborators) engaged in organizing the Contests. Additionally, family members (immediate family or those residing at the same address) of individuals belonging to the aforementioned excluded categories are also ineligible.
  • 2.3The Website Operator may at any time exclude from participation in the Contests as a result of a breach of any of the conditions for participation or in the event of abuse, deception, fraudulent or malicious participation in the Contests.
• Article 3 — Award Types
  • 3.1The Model will be entitled to receive and collect engagement points as described on the Contest’s Website page.
  • 3.2The contents to be used on the Website shall be in accordance with the legal grounds and not be forbidden by the applicable law where the content is being recorded and/or streamed.
• Article 4 — Prizes
  • 4.1The prizes are personal, indivisible, non-transferable, non-exchangeable and must be accepted as awarded without any modification or without appeal.
  • 4.2In the event of refusal or no request of the prize or non-award thereof to the winner for other reasons, the prize will return to the Website Operator, who may, at its discretion, award it to a new winner or decide not to award it, without the previous winner being able to exercise any rights.
  • 4.3Any type of prize money shall not be considered as a recurring advantage or entitlement, it does not guarantee or imply that prize money will be granted in the future under similar or any other circumstances.
• Article 5 — Changes to the Contest Game
  • 5.1The Website Operator reserves the right to make changes to the Contests, to suspend, shorten, extend, postpone, change the prices amounts, or terminate the Contests at any time, without notice, without giving reasons and without compensation to the participants or third parties.
  • 5.2In the event that the Website Operator or one of its partners is forced to prematurely terminate, make changes to extend or terminate the Contests as a result of the inappropriate behavior of one of the participants, the Website Operator reserves the right to request compensation for the damage suffered accordingly.
• Article 6 — Responsibilities
  • 6.1Without prejudice to cases of gross or willful misconduct, neither the Website Operator, nor its staff, nor any third party involved in the Contests shall be liable for any direct or indirect damage of any kind that may occur during the Contests, or in connection with the participation in the Contests, the designation of winners or the award (or non-award) of prizes, regardless of their source, cause or consequences, even when the Website Operator is informed of the risks of such damage.
  • 6.2Participation in this Contests implies knowledge and express acceptance of these Terms. The Website Operator shall not be held liable in any way for the organization of this Contests. The prizes and the relevant rights for the winners are strictly subject to the conditions of application of these Terms. No recourse of any kind is therefore possible against the Website Operator.
  • 6.3The Website Operator shall not be liable in these Contests for loss or theft of the prize, misleading or fraudulent conduct by a third party in connection with the Contests.
• Article 7 — Personal Data
  • 7.1The Website Operator processes the personal data transmitted as part of the Contests in accordance with the applicable Terms and the privacy policy (https://cherry.tv/privacy).
• Article 8 — Acceptance and Application of the Terms
  • 8.1Participation in the Contests implies unconditional acceptance of the Terms and rules by the participants, including any subsequent amendments, and no challenge thereto will be taken into consideration.
  • 8.2Any complaint relating to the Contests shall be sent in writing to the Website Operator’s registered office. Under no circumstances may complaints be handled orally or by telephone.
  • 8.3These Terms may be consulted at any time or upon request sent to the following email address: support@cherry.tv.
  • 8.4The Contests is under the supervision of the Website Operator. In the event of force majeure, unforeseen circumstances or complaints, the Website Operator may take any necessary measure to ensure the smooth running of the Contests. Its decision shall be final and cannot be challenged.
  • 8.5The participants undertake to fully comply with applicable law and to avoid any cheating in the context of this Contests or circumventing the Terms. In case of tampering, fraud, misleading conduct or similar irregularities, the Website Operator is authorized to disqualify, suspend or ban a Model from the Contest and/or the Website or take any other measure that the Website Operator finds appropriate, including but not limited to retain the prize and/or apply any penalty fee if necessary.
• Article 9 — Governing Law and Jurisdiction
  • 9.1The participants undertake, in the Contests, any discussion concerning the application or interpretation of the Terms, to seek first an amicable solution with the Website Operator before commencing any legal proceedings.
  • 9.2If any provision of the Terms is found to be null or void, the remaining provisions of the Terms shall remain in full force and effect. Any such invalid, ineffective or unenforceable provision shall, to the extent permitted by law, be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and purpose of such invalid, ineffective or unenforceable provision.
  • 9.3The Term, as well as the conduct of the Contests itself, are subject to Delaware law. In the event of a dispute, the courts of Delaware shall have exclusive jurisdiction.