Deliver and Win (24/09) - Terms and Conditions
"DELIVER AND WIN” COMPETITION” (‘Competition’) TERMS AND CONDITIONS
1) Information on how to enter the Competition and the prizes form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these Terms and Conditions.
2) The promoter is Uber Australia Pty Ltd (ABN 49 160 299 865) of 64 Gwynne St, Cremorne VIC 3121 ("Promoter").
3) Entry is only open to Australian residents aged 18 years or over who are registered in Melbourne as UberEATS dedicated delivery partners including 'UberEATS only' delivery partners that use cars, motorbikes and bicycles to provide delivery services ("Prospective Entrants").
4) The Competition commences at 5pm 24 September 2016 and concludes at 11pm 25 September 2016 (referred to as "Promotional Period’). All times indicated are in AEST/AEDST, as per local VIC time.
5) Employees (and their immediate families) of the Promoter and agencies associated with this Competition are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
6) To receive an entry , Prospective Entrants must (1) complete the e-form available at t.uber.com/daw2409; (2) maintain an Acceptance Rate (definition in Appendix A) above 80% during the Promotional Period; and (3) complete at least one (1) uberEATS delivery/fare originating in the Melbourne UberEATS service zone during the Promotional Period ("Eligible Delivery”). See Appendix A for a map marking the “Melbourne UberEATS service zone”. Eligible individuals will receive one (1) entry into the Draw (defined below) corresponding to the date and time the Eligible Delivery was completed.
7) Multiple entries permitted, subject to the following: (a) only one (1) entry granted per Eligible Delivery and (b) each entry must be completed in accordance with entry requirements. Incomplete deliveries will not be counted towards eligibility for any entry.
8) The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual 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 calculated to jeopardise fair and proper conduct of the Competition. Errors and omissions may be accepted at the Promoter's discretion. 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.
9) If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
10) There will be a draw conducted for the entries received during the Promotional Period (“the Draw”). The Draw will take place on the Friday at least a week after the Promotional Period ends, which is 30/09/2016 at 4pm, at Uber, 64 Gwynne St, Cremorne, VIC 3121. The winner of the Competition will be determined by randomised number selection/draw. The Promoter reserves the right to draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner need not be present at the draw.
11) The total prize pool is $1500
12) Prizes will be awarded as:
- 1 lump sum Prize of $1500
13) Prizes will be announced and awarded to the winner the following Tuesday after the Draw, by electronic funds transfer to the winning entrants’ designated bank account connected to their Uber delivery partner account.
14) Winners will be notified by email or telephone within two business days of the relevant Draw. The name and address of the winner will also be published on the UberMovement website [http://melbourne.ubermovement.com/dandw-competition-winner3] within two business days of the Draw.
15) The Promoter’s decision is final and no correspondence will be entered into.
16) A draw for any unclaimed prizes may take place on 14/10/2016 at the same time and place as the original Draws, subject to any directions from a regulatory authority. Winners will be notified by email within two (2) business days of the unclaimed prize draw.
17) Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
18) If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to modify, suspend, terminate or cancel the Competition to the full extent permitted by law and subject to any approval or directions from a regulatory authority.
19) Liability for any tax (other than FBT) arising out of participation in this Competition (including acceptance of a prize) is the sole responsibility of the entrant. Entrants should seek independent financial advice in this regard.
20) Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in VIC (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition.
21) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a winner or entrant; or (e) taking/use of a prize.
Acceptance rate is calculated as the number of delivery requests you accept, divided by the number of dispatch requests (‘requests’) you successfully receive. So if a delivery request flashes on your screen while you are online this is considered to be a request, if you accept the request by touching the screen, this is an “accept”, if you do not touch the screen and the request times out then this is considered as “not accepted”.
Map of UberEATS service zone
A map of the UberEATS service zone can be found here.