Uber Eats

Share the Love competition

Terms and conditions

1) Overview

a) This Share the Love Instagram competition (“Competition”) is promoted by Uber Australia Pty Ltd (ABN 49 160 299 865) (“we”, “us” or “our”).
 
b) By entering this Competition, all entrants (“you” or “your”) agree to be bound by these terms and conditions (“Terms”) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
 
c) To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
 
d) This Competition starts at 5pm Australian Eastern Daylight Time (“AEDT”) on 16 February 2021 and ends at 11:59pm AEDT on 18 February 2021 (“Promotion Period”), and comprises 6 Entry Periods.

2) Definitions

“Entry Period” means a period named as an ‘Entry Period’ in clause 5 c).
 
“Force Majeure Event” means an event or circumstance beyond our reasonable control, including natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), strike, a change in applicable law or platform rules, government imposed shutdown or closure, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures, down time or issues.
 
“Immediate Families” means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.
“Personal Information” has the meaning in the Privacy Act 1988 (Cth).
 
“Related Bodies Corporate” has the meaning in the Corporations Act 2001 (Cth).

3) Eligibility

a) The Competition is open to Australian residents aged 18 or over.
 
b) In order to enter this Competition, you need an Instagram account.
 
c) Employees and contractors (and their Immediate Families) of Uber Australia Pty Ltd, our Related Bodies Corporate and the agencies associated with this Competition are ineligible to participate.

4) How to enter

a) This Competition is a game of skill. You are required to demonstrate creativity and imagination in your entry.
 
b) To enter, you must, during an Entry Period:
 
  i) order food or drink via the Uber Eats app (“Food Order”); and
 
  ii) take a photo or video of your Food Order in front of the Australian Open television broadcast and post it in-feed or as a story to your Instagram account and tag @ubereats_aus.
 
c) This Competition is in no way sponsored, endorsed or administered by, or associated with Instagram.
 
d) Your profile settings on Instagram must be set to public. Any entry submitted using a private profile setting will be invalid.
 
e) You may submit multiple entries, provided each entry is unique.
 
f) We will not accept entries submitted outside of the Promotion Period.
 
g) The time of each entry will be the time and date displayed on your Instagram entry.
 
h) We may, at any time:
 
  i)verify the validity of entries and entrants (including your identity, age and place of residence); and
 
  ii)disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
 
i) Incomplete, indecipherable or illegible entries will be invalid at our discretion.
 
j) We are not responsible for incorrect, incomplete, lost, late or misdirected entries.
 
k) If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final.

5) Determination and notification of winners

a) There will be 4 winners, being 1 winner for each Entry Period.
 
b0 The winners will be determined by a judging panel at our office at 580 George Street, Sydney, New South Wales, 2000, based on the creativity and imagination of their entries.
 
c) For each Entry Period, we will:
 
  i) determine the winner; and
 
  ii) announce the winner on our Instagram account, and notify the winner they have won, and provide their Prize, by direct message on Instagram,
 
at the time and date specified below:
 
Entry Period: 6pm - 11:59pm AEDT on 18 February 2021
Determination: By 12pm AEDT on 19 February 2021
Announcement/Notification: By 5pm AEDT on 19 February 2021
 
Entry Period: 12am - 11:59pm AEDT on 19 February 2021
Determination: By 12pm AEDT on 20 February 2021
Announcement/Notification: By 5pm AEDT on 20 February 2021
 
Entry Period: 12am - 11:59pm AEDT on 20 February 2021
Determination: By 12pm AEDT on 21 February 2021
Announcement/Notification: By 5pm AEDT on 21 February 2021
 
Entry Period: 12am - 11:59pm AEDT on 21 February 2021
Determination: By 12pm AEDT on 22 February 2021
Announcement/Notification: By 5pm AEDT on 22 February 2021
 
d) We may select additional valid reserve winners and record them in case:
 
  i) an invalid entry or ineligible entrant is selected as a winner; and
 
  ii)we elect to replace this winner with the reserve winner.
 
e) Our judging panel’s decision is final.
 
f) It is your responsibility to notify us in writing if your contact details change.
 
g) The names, entries and Instagram handles of the winners may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details, including your social media handle and images.

6) Prizes

a) The total prize pool for the Competition is AUD $200.
 
b) Each winner will receive a $50 Uber Eats promo code (“Prize”).

7) Prize conditions

You need an Uber Eats account in order to redeem your Prize.
 
b) To redeem the Prize, you must:
 
  i) open the Uber Eats app;
 
  ii) apply the promo code to your account;
 
  iii) search for a restaurant partner in your delivery area; and
 
  iv) add 1 or more items to your cart and place your order. Delivery fee applies.
 
c) You may redeem your Prize on multiple orders.
 
d) Prize is not transferable, saleable or redeemable as cash, credit or equivalent.
 
e) Prize cannot be redeemed in conjunction with any other Uber Eats offer or promo code.
 
f) Prize expires at 11:59pm AEDT on the date that is 1 month after it is provided to the winner.
 
g) Prize may only be redeemed in Australia, where Uber Eats is available.
 
h) You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of winning the Prize.
 
i) You must comply with all terms and conditions of use of the Prize.
Cta text

8) Entries

a) We own all entries, including any Intellectual Property Rights comprised in the entries and their content.
 
b) You are responsible for the entry you submit, including its content (such as text, images, photos and videos) and any accompanying comments.
 
c) We are not liable in any way for your entry to the fullest extent permitted by law.
 
d) We may remove or delete any entry without notice for any reason whatsoever.
 
e) You warrant and agree that:
 
  i) you will not submit any entry that is unlawful or fraudulent, or that we could reasonably consider to be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
 
  ii) you will obtain prior written consent from any person that appears or is reasonably identifiable in your entry before submitting it;
 
  iii) you will obtain prior written consent from any person who has jointly created or has rights in your entry to these Terms and our privacy policy;
 
  iv) your entry does not contain viruses and will not cause injury or harm to any person or entity; and
 
  v) you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

9) Personal Information

a) Entries may be entered into a database.
 
b) By entering this Competition, you consent to us:
 
  i) publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws;
 
  ii) using your Personal Information to contact you if you win a Prize; and
 
iii) using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
 
c) If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, you can contact us by submitting a privacy enquiry.

10) Liability

a) Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
 
b) Subject to clause 10(a) and to the fullest extent permitted by law, we and our Related Bodies Corporate (and each of their officers, directors, employees, contractors and agents):
 
  i) are not responsible for any error, omission, interruption, delay in operation or transmission, communications line failure or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms;
 
  ii) make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the Prizes; and
 
  iii) exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of:
 
    1) any technical difficulties or equipment malfunction (whether or not under our control);
 
    2) any theft, unauthorised access or third party interference;
 
    3) any entry or prize claim that is cancelled, rejected, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise);
 
    4) any variation in Prize value or specification;
 
    5)any tax liability or similar charge incurred by the winners; or
 
    6)use of a Prize by the winners.
 
c) We are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in this Competition.
 
d) You are solely responsible for any costs associated with entering the Competition and accessing the Uber Eats app, as these costs depend on the internet service provider you use. We accept no responsibility for your use (or attempted use) of those platforms or websites.
 
e) Without limiting any other terms, you indemnify us and our Related Bodies Corporate (and their officers, directors, employees, contractors and agents) from and against your breach of these Terms.

11) Disruption to Competition

a) If, for any reason, this Competition is affected or interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we may, to the fullest extent permitted by law:
 
  i) disqualify any entrant who tampers or interferes with the entry process; or
 
  ii) subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.
 
b) Any entrant found to be tampering or interfering with the entry process will have all entries invalidated and any claim to a prize will be invalidated. We will determine whether a breach has occurred in our discretion and may request any documentation

12) General

a) Any failure to enforce any of our rights does not constitute a waiver of those rights.
 
b) Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
 
c) At all relevant times, you must comply with the:
 
  i) Uber Terms of Use, as replaced or amended from time to time; and
 
  ii) Instagram Terms of Use [www.help.instagram.com/478745558852511], as replaced or amended from time to time.
 
d) This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of New South Wales, Australia.
 
e) The promoter of this Competition is Uber Australia Pty Ltd (ABN 49 160 299 865) of 580 George Street, Sydney, New South Wales, 3000.
 
f) If you have any questions regarding these Terms or any issues regarding how this Competition is conducted, you may visit help.uber.com/ubereats. We will determine how any issues or disputes will be resolved.