Uber Eats Terms and Conditions
1) Information on how to enter forms part of the terms and conditions. Entry into the promotion is deemed acceptance of these terms and conditions. Headings in this document are included for ease of reference, and do not affect interpretation in any way.
2) The promoter is Uber Australia PTY LTD (ABN 49 160 299 865) of Level 30, 580 George Street, Sydney (Promoter).
3) All references to time in this document are a reference to the local time in Sydney, New South Wales, Australia on the date stated. The promotion commences at 00:01 on 27 April 2021 and closes at 23:59 on 1 May 2021 (Promotion Period).
Eligibility to enter
4) Entry into this promotion is open only to entrants who are:
(a) residents of Australia 18 years and over; and
(b) members of the Qantas Frequent Flyer program (Frequent Flyer) that have linked their Frequent Flyer account to their Uber account (Eligible Entrants).
5) In order to participate on any day during the Promotion Period, an Eligible Entrant’s Frequent Flyer and Uber Eats accounts must have been linked prior to 00:01am AEST on that day.
6) Directors, employees and contractors of the Promoter and its related bodies corporate are not eligible to participate.
Entry into the promotion
7) To enter, you must, during any day of the Promotion Period, be one of the first 51 Eligible Entrants to place an eligible order from any merchant via the Uber Eats app after 12pm AEST.
8) An order will be eligible if it is accepted by the relevant merchant, and not cancelled.
9) Entry into this promotion is subject to availability of merchants in your area via the Uber Eats app.
10) The Promoter is not responsible for any lost, late or misdirected entries.
11) Eligible Entrants are permitted to enter more than once on any day during the Promotion Period.
12) The time of entry will be deemed to be the time the entry is received by the Promoter, according to the Promoter’s internal servers.
13) The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Judging of entries
14) This promotion is a game of skill. Eligible Entrants must demonstrate skill and speed in their entries.
15) There will be 255 winners, with 51 winners each day during the Promotion Period. The winners will be the first 51 Eligible Entrants to place an order via the Uber Eats app after 12pm AEST each day during the Promotion Period.
16) The Promoter will appoint a judge to determine the winners after 12pm AEST on each day of the Promotion Period at Level 30, 580 George Street, Sydney, New South Wales, 2000.
17) The judge’s decision is final and no correspondence will be entered into. Chance plays no part in determining the winners. Winners will be determined based on the skill of Eligible Entrants.
18) There are 255 prizes in total, with 51 prizes allocated to each day of the Promotion Period. The prizes comprise various amounts of Qantas Points.
19) Prizes will be allocated to the 51 winners of each day during the Promotion Period as follows:
a) winners with the 4 fastest entries will each receive 50,000 Qantas Points;
b) winners with the next 6 fastest entries will each receive 25,000 Qantas;
c) winners with the next 41 fastest entries will each receive 16,000 Qantas Points.
20) Qantas Points may take up to 14 days to be credited to the winners’ Frequent Flyer account from the date of determination of winners (or any redetermination date, as applicable).
21) The estimate of the maximum notional total prize pool value is AU$112,057 based on a sample of Qantas Frequent Flyer rewards that could be obtained by redeeming through the Qantas Frequent Flyer program. The estimate of the maximum notional value of each prize is provided for information purposes only and will vary depending on whether and how it is redeemed by a prize winner through the Qantas Frequent Flyer program. The Promoter accepts no responsibility for any variation in the maximum notional value of each prize. The notional prize value is in Australian Dollars.
22) For example, 18,000 Qantas Points could be redeemed for a one-way Economy Classic Flight Reward from Sydney to Cairns plus AU$40 in applicable taxes, fees and carrier changes, accurate as at 22 April 2021.
23) The dollar fare for an equivalent commercial flex flight totals AU$441 including applicable taxes, fees and carrier charges.
24) As such, in order to get the notional value of the total prize pool of 5,030,000 Qantas Points: 5,030,000 / 18,000 = 279 flights. Therefore the maximum notional value of the total prize pool is the equivalent to the commercial flight dollar value of AU$401 (AU$441-$40) x 121.2 flights, for a total value of AU$112,057 Promoter accepts no responsibility for change in prize value between now and the ultimate date on which the prize is taken.
25) Following on from the above calculation, the maximum notional value of each individual prize is as follows:
(a) Twenty (20) prizes of 50,000 Qantas Points = $1,114
(b) Thirty (30) prizes of 25,000 Qantas Points; $557
(c) Two hundred and five (205) prizes of 16,000 Qantas Points $356
26) The estimate of the maximum notional value of each prize is provided for information purposes only. The maximum notional value of each prize will vary depending on whether and how it is redeemed by a winner through the Qantas Frequent Flyer program. The Promoter accepts no responsibility for any variation in the maximum notional value of each prize.
28) The redemption of each Prize is subject to the availability of Rewards that may be obtained through the Qantas Frequent Flyer program.
29) In the event that a Prize is redeemed for Reward travel, the winners should be aware that the number of Reward flight seats available is limited and availability depends on the flight, date, season and destination and some flights may not have any Reward seats available. The winners will be responsible for all applicable taxes, fees and carrier charges of Reward travel or accommodation booked by redeeming their prize. Taxes, fees and carrier charges vary depending on departure points, routes, exchange rates and dates of travel, are subject to change without notice and are quoted at the time of booking. Reward flights must be booked at least 24 hours before scheduled departure (and other advance booking requirements may apply). Reward travel is subject to the fare rules and the Conditions of Carriage of the relevant carrier. Compliance with immigration, health or other government requirements is the responsibility of the winner.
30) Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A prize cannot be transferred to any other person, unless agreed to by the Promoter in writing. It is a condition of accepting a prize that the winner accepts the conditions of use of that prize.
31) If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
Notification of the winner
32) The winners for each day of the Promotion Period will be notified by push notification by Uber within 30 minutes of placing their order in accordance with clause 7. Once validated, winners will receive a confirmation email 1 day after placing their order.
Right of the Promoter to rejudge
33) The Promoter will record the 52nd to 56th fastest entries from Eligible Entrants each day to be used as backup winners (Backup Winners). The Promoter reserves the right to award a prize to the next fastest Backup Winner for the relevant day in the event that a winner is found to have breached these terms and conditions, forfeits or does not claim a prize. Any prize that remains unclaimed at the end of the Promotion Period, will be given to the next fastest Backup Winner for the relevant day subject to any written direction given under applicable law. Any winners determined in accordance with this clause will be notified by email within 5 days of the rejudging taking place.
Limitation of liability
34) Nothing in these terms and conditions 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.
35) Subject to clause 34 and to the fullest extent permitted by law, the Promoter and its related bodies corporate (and each of their officers, directors, employees, contractors and agents):
(a) are not responsible for any error, omission, interruption, delay in operation or transmission, communications line failure or any other event beyond its control. In these circumstances, if we elect to cancel the promotion, the Promoter does so without liability and may reschedule it on the same terms;
(b) make no express or implied warranties, representations or guarantees, in fact or in law, regarding this promotion or the merchantability, quality or fitness for purpose of any part of the prizes; and
(c) exclude all liability (including for negligence) for any personal injury, death 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 promotion, including where arising out of:
i. any technical difficulties or equipment malfunction (whether or not under our control);
ii. any unauthorised access or third party interference;
iii. any entry that fails to be transmitted or is cancelled, rejected, delayed, interrupted or late (whether or not after our receipt or otherwise);
iv. any variation in prize value or specification; or
v. use of a prize by the winners.
36) The Promoter is 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 promotion.
37) You are solely responsible for any costs associated with entering this promotion, including accessing and using the Uber Eats app, as these costs depend on the internet service provider you use.
38) Without limiting any other terms, you indemnify the Promoter and its related bodies corporate (and their officers, directors, employees, contractors and agents) from and against your breach of these Terms.
39) It is your responsibility to notify the Promoter in writing if your contact details change.
40) The Promoter will not be liable for any failure to perform or delay in performing its obligations, including any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations. The Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion.
41) The exclusion of liability in clause 40 does not apply to limit or exclude liability to the extent it is not permissible at law to limit or exclude liability in the manner contemplated in that clause (in which case that liability is limited to the maximum extent allowable by law).
Entry details and privacy
42) Entry details remain the property of the Promoter. The name and photograph of a winner may be used for promotional purposes by the Promoter, unless the winner otherwise notifies the Promoter in writing at the time of accepting the prize. Entrants consent to the Promoter using personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes (including to third parties and any applicable statutory authorities). Without limiting the foregoing, entrants’ personal information provided in connection with this promotion will be handled, stored or otherwise used in accordance with the Promoter’s Privacy Notice, click hereOpens external site in a new window to obtain a copy.
43) The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants should seek independent financial advice.
Governing law and jurisdiction
44) These terms and conditions are governed by the laws of New South Wales, Australia.
45) The parties submit to the jurisdiction of the courts of New South Wales, Australia and the federal courts of the Commonwealth of Australia.