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Uber One and Black Ferns Competition Terms and Conditions

31August,2023 / Australia

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Uber One & Black Ferns Competition T&Cs
OverviewThe Uber One & Black Ferns competition (Competition) is promoted by Portier New Zealand Limited (NZ Company Number 7056395) (we, us or our).
By entering the 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.
To the extent of any inconsistency between these Terms and any other reference to the Competition, these Terms prevail.
The Competition:
begins at 9:00am NZST on 4 September 2023; and
ends at 11:59pm NZST on 24 September 2023, 
(Promotion Period).
Eligibility This Competition is open to Uber One members in New Zealand aged 18 years or over at the time of entry.
Employees and contractors (and their Immediate Families) of Portier New Zealand Limited, our Related Bodies Corporate and the agencies associated with this Competition are ineligible to participate in this Competition.
How to enterThe Competition is a game of chance. 
To enter the Competition, you must, during the Promotion Period, click on a button labelled ‘Tap to enter’ or ‘Click to enter’ (or similar) (each, an Entry Button) from:
an Uber One email inviting you to enter the Competition; or
the in app Competition page, which is accessible via a Competition push notification or Uber Eats in app billboard. 
You will see a confirmation message on screen if your entry has been successful. 
You may enter the Competition once only through 1 of the entry points described in clause 3(b) above. For the avoidance of doubt, clicking or tapping an Entry Button more than once or clicking or tapping a different Entry Button will not give you any additional entries or increase your chances of winning.  
We will not accept entries submitted after the end of the Promotion Period.
The time of each entry will be the time and date you first tap an Entry Button in accordance with clause 3(b), according to our servers.
We may, at any time:
verify the validity of entries and entrants (including your identity, age and place of residence); and
disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
Incomplete or illegible entries will be invalid at our discretion. 
We are not responsible for incorrect, incomplete, late or misdirected entries. 
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.
Draw We will randomly draw 1 winner after all entries have been entered. 
The draw will be conducted:
on 25 September 2023 at 12:00PM AEST; and
at our office at Level 30/580 George St, Sydney NSW 2000. 
We may select additional valid entries and record them in case:
an invalid entry or ineligible entrant is selected or a winner does not claim the prize within the Claiming Period; and
we elect to use the reserve entries.
OutcomeThe winner of the Competition will be notified by 2:00PM NZST on 25 September 2023 by phone call to the number on their Uber account.
It is your responsibility to ensure the phone number on your Uber account is up to date and to notify us by updating your account if your contact details change.
The name 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.
Our determination is final.
PrizeThe total prize pool for the Competition is up to NZD$4,500 (inclusive of GST).
The winner will receive:
2 x return airline tickets from the closest major New Zealand airport to the winner’s residence to Hamilton, New Zealand for the winner and 1 selected guest;
1 x nights worth of accommodation in 1 hotel room in Hamilton, New Zealand chosen by us for the winner and 1 selected guest; and
2 x tickets to the 2023 O’Reilly Cup Black Ferns v Wallaroos match on 30 September 2023 at FMG Stadium Waikato, Hamilton, New Zealand (Match) for the winner and 1 selected guest,
(together, the Prize).
We accept no responsibility for any change in prize value on the date the prize is claimed. The Prize been valued based on the regular retail price of the item (inc. GST), in New Zealand on 8 August 2023. 
We are not liable for any additional, incidental, or related costs in connection with winning the Competition or using the Prize. 
Prize conditions To claim the prize, the winner must answer or return our call and provide the following details for them and their selected guest:
full legal name; 
phone number; 
email address; and 
New Zealand address.
The Prize must be claimed as offered in accordance with clause 7(a) within 24 hours of the winner being notified (Claiming Period).
If a winner fails to claim their prize within the Claiming Period: they will forfeit their prize; and 
the prize will be awarded to the next eligible reserve entry. 
The process in clauses 7(b) and 7(c) will continue until a winner claims their prize in accordance with these Terms. 
We will send a confirmation email to the email address on the winner’s Uber One account when they have validly claimed their prize in accordance with these Terms. 
Prizes are not transferable, saleable or redeemable as cash, credit or equivalent. 
You agree and acknowledge that if you are the winner of the Prize, we will require Personal Information from you and your selected guest in order to issue the Prize. 
The winner and their selected guest will be required to comply with any third party terms and conditions associated with the Prize, including the Uber Gift Card Terms and
Conditions. We are only responsible for issuing the Prize in compliance with these Terms. 
You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of winning the prizes.
You acknowledge and agree that:
there are inherent risks associated with claiming the Prize, including risks of injury or death, and you agree to use the Prize at your own risk; and
you are responsible for your safety and the security of your personal property at all times.  
Entries You are responsible for your entry. 
We are not liable in any way for your entry, to the fullest extent permitted by law. 
You warrant and agree that you will comply with all applicable laws and regulations in connection with this Competition, including those relating to the access or use of others’ computer or communication systems.
Personal information  Entries may be entered into a database.
By entering the Competition, you consent to us:
publishing your Personal Information, or disclosing your Personal Information as required by relevant laws; 
using your Personal Information to communicate with you about the Competition, including contacting you if you are a winner, and make any bookings required for the provision of the Prize; and
using your name, likeness and entry in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting the Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, contact us using the details in clause 12(h).
You warrant that if your entry contains, or you otherwise provide us with Personal Information of another individual, such as the guest the winner selects to share the Prize with, you have notified them of the matters in this clause and obtained their consent.
We may disclose your Personal Information to our Related Companies for the purposes described above.
If you do not consent to the collection, use and disclosure of your Personal Information for the purposes described above, you must enter the Competition. 
Please see our Privacy Notice for New Zealand here for more information about our privacy practices, including:
how you may access, correct or delete your Personal Information; and
how you may make, and how we will handle, a privacy complaint. 
Please use this form to contact us about a privacy matter. 
Liability Nothing in these Terms excludes, restricts or modifies any rights or remedies under Consumer Guarantees Act 1993 and the Fair Trading Act 1986 that cannot be excluded, restricted or modified.
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):
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 or postpone the Competition, we do so without liability and may reschedule it on the same terms; 
make no express or implied warranties, representations or guarantees, in fact or in law, regarding the Competition or the merchantability, quality or fitness for purpose of any part of the Prize; and
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 fails to be transmitted or is cancelled, delayed, deleted, interrupted or late (whether or not after our receipt or otherwise); 
any variation in Prize value; 
any tax liability or similar charge incurred by the winner; or 
use of a Prize by a winner or their selected guest.
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 the Competition. 
You are solely responsible for any costs associated with entering the Competition, noting these costs may depend on the internet service provider you use.
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 CompetitionIf, for any reason, the 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 the Competition, we may, to the fullest extent permitted by law:
disqualify any entrant who tampers or interferes with the entry process; or 
subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.
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 at our discretion and may request any documentation. 
GeneralAny failure to enforce our rights does not constitute a waiver of those rights.
To the extent permitted by law, the Competition may be withdrawn or cancelled at any time in our discretion. 
Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
At all relevant times, you must comply with the Instagram terms of use. 
Unless otherwise stated, the plural includes the singular (and vice-versa). 
The Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of New Zealand.
The promoter of the Competition is Portier New Zealand Limited (NZBN 94 290 470 537 24, NZ Company Number 7056395).
If you have any questions regarding these Terms or any issues regarding how the Competition is conducted, you may contact us at https://help.uber.com/ubereats or Level 1, 100 Moorhouse Avenue Christchurch New Zealand 8011. We will determine how any issues or disputes will be resolved.
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.
Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
Personal Information has the meaning in the Privacy Act 2020 (NZ).
Related Bodies Corporate has the meaning in the Companies Act 1993 (NZ).