Terms and Conditions – 7 Weeks of Gifts

UBER 7 WEEKS OF GIFTS PROMOTION

TERMS AND CONDITIONS

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. The promoter is Uber Australia Pty Ltd (ABN 49 160 299 865) of Unit 17C, Brunswick Street, Fortitude Valley, QLD 4006 (“Promoter”).

3. Entry is only open to residents of Queensland aged 18 years or over who are registered as an UberX or UberSELECT driver partner in Queensland.

4. Employees (and their immediate families) of the Promoter, and agencies associated with this promotion 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 1^st

5. Promotion commences at 4:00am on 16/11/2015 and final entries close at 3:59am on 04/01/2016 (“Promotional Period”). There will be a draw conducted for the entries received each week of the Promotional Period (each a “Weekly Draw”), for a total of seven (7) Weekly Draws. Entries into each Weekly Draw will open at 4:00am on Monday and close at 3:59am on the next occurring Monday, each week of the Promotional Period. All times indicated are in QLD local time.

6. To receive an automatic entry into a particular Weekly Draw, eligible individuals must complete 25 or more UberX and/or UberSELECT trips/fares (as a driver) during the entry period for that Weekly Draw (“Initial Entry”). For the sake of clarity, if an individual completes 24 or fewer trips/fares during the entry period for a particular Weekly Draw, they will not receive an entry into that Weekly Draw.

7. Once an individual has qualified for an Initial Entry into a Weekly Draw, they will be also be eligible to receive at least one (1) bonus entry into that Weekly Draw (each a “Bonus Entry”). Bonus Entries will be awarded in a cascading manner. For each consecutive Weekly Draw an individual qualifies for an Initial Entry (including the current Weekly Draw), they will earn the corresponding number of Bonus Entries into that Weekly Draw (i.e. the current Weekly Draw). For example: if an individual does not qualify for an Initial Entry into the first Weekly Draw but does qualify for an Initial Entry into the second Weekly Draw, they will only receive one (1) Bonus Entry into the second Weekly Draw; if they did qualify for an Initial Entry into the first Weekly Draw and also the second Weekly Draw, they will receive two (2) Bonus Entries into the second Weekly Draw (for a total of 3 entries); if they qualified for an Initial Entry into the first and second Weekly Draws and then also qualify for an Initial Entry into the third Weekly Draw, they will receive three (3) Bonus Entries into the third Weekly Draw (for a total of 4 entries into the third Weekly Draw), and so on.

8. Incomplete and unpaid Uber trips/fares will not be counted towards eligibility for any Initial Entry.

9. 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 promotion. 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.

10. 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.

11. The Weekly Draws will take place at UBER Australia Pty Ltd, 17c, 255 Brunswick Street, Fortitude Valley, QLD 4006 on the next business day after entries close for that Weekly Draw, with the first Weekly Draw taking place on 24/11/2015 and the last Weekly Draw taking place on 05/01/2016. Entries in each Weekly Draw will NOT be entered into any subsequent Weekly Draw(s). The Promoter may draw additional reserve entries in each Weekly Draw and record them in order in case an invalid entry or ineligible entrant is drawn.

12. The winners will be notified by telephone.

13. The Promoter’s decision is final and no correspondence will be entered into.

14. The first valid entry drawn in Weekly Draw 1 will win six (6) Hoppys Vouchers, each redeemable for one (1) Wash n Vac service, valued together at $210.

15. The first valid entry drawn in Weekly Draw 2 will win a 3 Day Family Pass to DreamWorld (valid for 2 adults and 2 children aged 13 years or under), valued at $194. Pass valid until 26/10/2016.

16. The first valid entry drawn in Weekly Draw 3 will win five (5) general admission tickets to the Australia vs. India One Day International cricket match at The Gabba, Woolloongabba, QLD on 15/01/2016, valued at $200. The winner must make their own way to/from the cricket match, and any travel costs will be the responsibility of the winner and will not be borne by the Promoter.

17. The first valid entry drawn in Weekly Draw 4 will win a cash prize to the equivalent of 100% of the value of the commission paid to the Promoter for all of the Uber trips completed during the entry period for Weekly Draw 4, up to a maximum value of $500. For example, if the winner earned fares which resulted in $400 in commission being paid to the Promoter during this time period, they will be awarded $400. For the sake of clarity, if the winner earned fares which resulted in $500 or more in commission being paid to the Promoter during this time period, they will only be awarded $500. The prize will be awarded in the form of a cheque made payable in the winner’s name.

18. The first valid entry drawn in Weekly Draw 5 will win a $500 Bridgestone Gift Card.

19. The first valid entry drawn in Weekly Draw 6 will win a $500 BP Gift Card.

20. The first valid entry drawn in Weekly Draw 7 will win the equivalent of their net earnings for any Uber trips completed between 12:00pm on 31/12/2015 and 4:00am on 01/01/2016, up to a maximum value of $1,000. For the sake of this clause, “net earning” means the fares collected by the driver during this time period minus the commission payable to the Promoter. For example, if the winner earned $400 in net earnings during this time period, they will be awarded $400. For the sake of clarity, if the winner earned $1,100 net or more during this time period, they will only be awarded $1,000. The prize will be awarded in the form of a cheque made payable in the winner’s name.

21. Gift Cards and Vouchers valid for 12 months from date of issue. Any ancillary costs associated with redeeming a Gift Card or Voucher are not included. Any unused balance of the Gift Card or Voucher will not be awarded as cash. Redemption of the Gift Card or Voucher is subject to any terms and conditions of the issuer including those specified on the Gift Card or Voucher.

22. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

23. If any prize (or part of any 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.

24. The ODI cricket match ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companions) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

25. Total prize pool value is up to $3,104.

26. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

27. A draw for any unclaimed prizes may take place on 05/04/2016 at the same time and place as the original Weekly Draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by

28. 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

29. If this promotion 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

30. 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 Queensland (“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 promotion.

31. 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 variation in prize value to that stated in these Terms and Conditions; (e) if the Australia vs. India ODI cricket match event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking/use of and/or participation in a prize.

32. As a condition of accepting a prize, each winner may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

33. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.uber.com/legal/privacy/drivers-non-us/en/. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.