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Ben & Jerry's #CanItBeTopped Challenge
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Want a year’s worth of Ben & Jerry’s? Show off YOUR skills with a Ben & Jerry’s Topped pint!
Whether you like to flip, knit or do something entirely different, tag @ubereats_aus and hashtag #CanItBeTopped and you could win a year’s worth of ice cream from @benandjerrysoz via Uber Eats (Service Fees apply). Terms & conditions below.
Ben & Jerry’s new Topped flavours now on Uber Eats.
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#CanItBeTopped Challenge competition: terms and conditions
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- Overview
a. This #CanItBeTopped Challenge 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. You may view our privacy policy at this link.
c. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
d. To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
e. This Competition starts at 12am Australian Eastern Standard Time (“AEST”) on 24 May 2021 and ends at 11:59pm Australian Western Standard Time (“AWST”) on 30 May 2021 (“Promotion Period”).
- Definitions
“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).
- Eligibility
a. The Competition is open to Australian residents aged 18 or over.
b. In order to enter this Competition, you need a Facebook or 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.
- How to enter
a. To enter, you must, during the Promotion Period:
i .order a Ben & Jerry’s Topped flavour pint (“Pint”) via the Uber Eats app; and
ii. take a video of yourself, in which you demonstrate a unique skill in a manner that prominently incorporates the Pint (“Video”); and
iii. upload the Video to your Facebook or Instagram account, tag @ubereats_aus and insert the hashtag #CanItBeTopped.
Your Video must prominently display the Pint packaging.
b. This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.
c. Your profile settings on Facebook or Instagram must be set to public. Any entry submitted using a private profile setting will be invalid.
d. You may submit multiple entries, provided each entry is unique.
e. We will not accept entries submitted outside of the Promotion Period.
f. The time of each entry will be the time and date displayed on your Facebook or 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.
- Determination and notification of winners
a. This Competition is a game of skill. You must demonstrate skill and creativity in your entry.
b. There will be 1 winner.
c. The winner will be determined by a judging panel at our office at 580 George Street, Sydney, New South Wales, 2000 by 5pm AEST on 2 June 2021.
d. In determining a winner, the judging panel may have regard to the following criteria:
i. skill(s), talent(s) and creativity demonstrated in the Video;
ii. clearness and prominence of the Pint packaging in the Video;
iii. entertainment value of the Video; and
iv. social media engagement with the Video.
e. We will notify the winner of the outcome by direct message via the social media platform they used to submit their winning entry by 5pm AEST on 4 June 2021.
f. We may select additional valid reserve winners and record them in case:
i. an invalid entry or ineligible entrant is selected as a winner, or the winner does not claim their Prize within the prescribed time; and
ii. we elect to replace the winner with the reserve winner.
g. Our judging panel’s decision is final.
h. It is your responsibility to notify us in writing if your contact details change.
i. The names, entries, Video and Instagram or Facebook handles of the winner 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.
- Prize
a. The total prize pool for the Competition is AUD $1,091.48.
b. The winner will receive a promo code for AUD $1,091.48 to use on 52 orders from Ben & Jerry’s stores via the Uber Eats app (“Prize”).
c. The Prize value is equivalent to:
i. 1 x AUD $15 Ben & Jerry’s ice cream pint per week for 52 weeks; and
ii. 1 x AUD $5.99 Delivery Fee per week for 52 weeks.
d. The Ben & Jerry’s pint value is based on the recommended retail price of a standard Ben & Jerry’s ice cream pint from a Ben & Jerry’s location via Uber Eats (excluding fees) in Australia on 16 May 2021. The Delivery Fee value is based on the highest fee for orders delivered by Uber via the Uber Eats app in Australia on 21 May 2021. The Delivery Fee value does not include Service Fees and / or any other fees, such as a Busy Area Fee. We accept no responsibility for any change in pint or Delivery Fee value on the date(s) the winner places an order to redeem the Prize.
- Prize conditions
a. To claim the Prize, you must respond to our direct message notifying you that you won with your full name, phone number, email and Australian address.
b. The Prize must be claimed within 7 days after the winner’s notification. If the winner does not claim the Prize within the prescribed time, we may elect to replace the winner with a reserve winner in accordance with clause 5(f).
c. We will provide the Prize to the winner within 14 business days after the winner validly claims their Prize.
d. You need an Uber Eats account in order to redeem your Prize.
e. To redeem the Prize, you must:
i. open the Uber Eats app;
ii. apply the Prize promo code to your account;
iii. search for a Ben & Jerry's store in your delivery area; and
iv. add a Ben & Jerry’s ice cream pint to your cart and place your order.
f. You must apply the Prize promo code before placing an order to redeem the Prize.
g. The Prize applies to Delivery Fees. The Prize does not include or apply to Service Fees or any other fees.
h. You may redeem your Prize 52 times. Each time you redeem the Prize, AUD $20.99 will be deducted from your order value (excluding Service Fee and any other fees, except Delivery Fee) at checkout.
i. Prize expires at 11:59pm AWST on 1 July 2022. Any unused portion of the Prize will be forfeited on expiry.
j. Prize is not transferable, saleable or redeemable as cash, credit or equivalent. Prize cannot be redeemed in conjunction with any other Uber Eats offer or promo code.
k. Prize may only be redeemed in Australia, where Uber Eats is available. Redemption of Prize subject to operating hours and availability of Ben & Jerry’s stores in your area via the Uber Eats app.
l. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of winning the Prize.
m. You must comply with all terms and conditions of use of the Prize.
- Entries
a. We own all entries, including any intellectual property rights comprised in the entries, the Video 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.
- 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. You may submit a privacy enquiry at help.uber.com/riders/article/submit-a-privacy-inquiry?nodeId=489292a2-27ce-42f5-9a47-d4dd017559fd.
- 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:
any technical difficulties or equipment malfunction (whether or not under our control);
any theft, unauthorised access or third party interference;
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);
any variation in Prize value or specification;
any tax liability or similar charge incurred by the winners; or
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.
- 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.
c. We will determine whether a breach has occurred in our discretion and may request any documentation we consider necessary to assist with our assessment. You must immediately provide any requested documentation at your cost.
- 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. You may view the Uber Terms of Use at www.uber.com/legal/en/document/?name=general-terms-of-use&country=australia&lang=en-au;
ii. Instagram Terms of Use, as replaced or amended from time to time. You may view the Instagram Terms of Use at help.instagram.com/478745558852511; and
iii. Facebook Terms of Use, as replaced or amended from time to time.
You may view the Facebook Terms of Service at www.facebook.com/legal/terms/update.
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.
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This is a promotional email from
Uber Technologies
1515 3rd St., San Francisco, CA 94158
Uber.com
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