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All Blacks Signed Jersey & Rugby Ball Competition Terms & Conditions

18 October 2023 / New Zealand

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Overview
1. The ‘All Blacks Signed Jersey & Rugby Ball’ competition (Competition) is promoted by Uber New Zealand Technologies Limited (Company Number 4451818) (we, us or our).
2. By entering the Competition, all entrants (you or your) agree to be bound by these terms and conditions (Terms) and our Privacy Notice. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
3. To the extent of any inconsistency between these Terms and any other reference to the Competition, these Terms prevail.
4. The Competition begins at 9:00am NZST 23 October 2023 and ends at 11:59pm NZST 30 October 2023. (Promotion Period).

Eligibility
1. This Competition is open to New Zealand residents aged 18 years or over at the time of entry.
2. Employees and contractors (and their Immediate Families) of Uber New Zealand Technologies Limited, our Related Bodies Corporate and the agencies associated with this Competition are ineligible to participate in this Competition.
How to enter
1. The Competition is a game of chance.
2. To enter the Competition, you must, during the Promotion Period:

follow @uber_newzealand on Instagram;
like the Competition post (Competition Post) on the @uber_newzealand Instagram page; and
on the Competition Post, tag in a comment at least one other person’s Instagram account.

You need an Instagram account to enter the Competition.
Each tag / comment on the Competition Post is an entry into the Competition.
The Competition is in no way sponsored, endorsed or administered by, or associated with Instagram or Meta.
We will not accept entries submitted after the end of the Promotion Period.
The time of each entry will be the time and date displayed to us on your Instagram comment entry.
We may, at any time:
1. verify the validity of entries and entrants (including your identity, age and place of residence); and
2. disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
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
1. There will be 1 winner.
2. The winner will be randomly drawn. The prize is a signed All Blacks jersey and rugby ball. (Prize).
3. The total value of the Prize is NZD $700 (inclusive of any GST). We accept no responsibility for any change in prize value on the date the prize is claimed. The Prize has been valued based on the price of similar products , determined through online market research on 4 October 2023.
4. The draw for the Prize will be conducted on 31 October 2023 at 12:00pm NZST at our office.
5. We may draw reserve entries in the event the Prize winner drawn is ineligible or disqualified in accordance with these Terms or does not claim their Prize within the Redeemable Period in accordance with clause 5(a).
6. The winner of the Competition will be notified within two (2) days of the Prize draw by direct message on Instagram.
7. 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.
8. Our draw is final.
Prize conditions
1. To claim the Prize, the winner must respond to our direct message with their full legal name and nominated New Zealand delivery address within 12 hours of our direct message to the winner (Redeemable Period).
2. If the winner does not claim their Prize by the end of the Redeemable Period:
  1. they will forfeit their Prize; and
  2. the Prize will be awarded to the next eligible reserve entry.
3. Prizes are not transferable, saleable or redeemable as cash, credit or equivalent.
4. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of winning the prizes.
Entries
1. We own all entries, including any Intellectual Property Rights comprised in the entries and their content.
2. You are responsible for the entry you submit, including its content (such as text, images, photos and videos) and any accompanying comments.
3. We are not liable in any way for your entry, to the fullest extent permitted by law.
4. You warrant and agree that:
  1. 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 Rights, 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;
  2. you will obtain prior written consent from any person that is reasonably identifiable in your entry before submitting it;
  3. 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;
  4. your entry does not contain viruses and will not cause injury or harm to any person or entity; and
  5. 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
1. Entries may be entered into a database.
2. By entering the Competition, you consent to us:
  1. publishing your Personal Information, or disclosing your Personal Information as required by relevant laws;
  2. using your Personal Information to communicate with you about the Competition and arrange for the provision of the Prize;
  3. 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.
3. 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 10(h).
4. You warrant that if your entry contains, or you otherwise provide us with, the Personal Information of another individual, you have notified them of the matters in this clause and obtained their consent.
5. We may disclose your Personal Information to our Related Bodies Corporate, agents and service providers for the purposes described above.
6. Please see our Privacy Notice for New Zealand here for more information about our privacy practices, including:

(i) how you may access, correct or delete your Personal Information; and

(ii) how you may make, and how we will handle, a privacy complaint.

Please use this form to contact us about a privacy matter.

Liability
1. 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.
2. 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):
  1. 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;
  2. 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 prizes; and
  3. 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 or specification;
    
    any tax liability or similar charge incurred by a winner; or
    
    use of a Prize by a winner.
3. 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.
4. You are solely responsible for any costs associated with entering the Competition, noting these costs may depend on the internet service provider you use.
5. 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
1. If, 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:
  1. disqualify any entrant who tampers or interferes with the entry process; or
  2. subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.
2. 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.
General
1. Any failure to enforce our rights does not constitute a waiver of those rights.
2. To the extent permitted by law, the Competition may be withdrawn or cancelled at any time in our discretion.
3. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
4. At all relevant times, you must comply with the Instagram terms of use.
5. Unless otherwise stated, the plural includes the singular (and vice-versa).
6. The 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.
7. The promoter of the Competition is Uber New Zealand Technologies Limited (Company Number 4451818).
8. If you have any questions regarding these Terms or any issues regarding how the Competition is conducted, you may visit https://help.uber.com/ubereats. We will determine how any issues or disputes will be resolved.
Definitions
1. 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.
2. 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.
3. 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.
4. Personal Information has the meaning in the Privacy Act 2020 (NZ).

Related Bodies Corporate has the meaning in the Companies Act 1993 (NZ)

Posted by Josh Pickstone

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