AMAZON FLEX PROMOTIONS TERMS AND CONDITIONS

Participation in this Amazon Flex Promotion (the “Promotion”) is subject to these terms and conditions (these “Promotion Terms”) and the terms and conditions in your Amazon Flex Independent Contractor Terms of Service (the “Amazon Flex Terms”), which are incorporated herein (collectively, the “Promotion Terms”).

Please read these Promotion Terms carefully. By participating in the Promotion, you agree to be bound by the Promotion Terms and all terms incorporated herein. If you do not agree to the Promotion Terms, do not access or participate in the Promotion. This competition is a game of skill. Chance plays no part in determining the winner(s).

Promotion Period

The Promotion Period begins and ends at the local times specified in the email or the ‘Challenge’ page of the Amazon Flex app, inviting you to participate in the Promotion (each unique offer described in the email or the Challenge page of the App is a “Promotion Offer”). ‘Local time’ means the timezone of the applicable delivery location.

Promotion Location

This promotion is limited to Amazon Flex delivery partners in Australia.

Promotion criteria

The Promotion Offer will describe what you have to do to enter the promotion and what your reward will be for meeting the entry criteria (“Reward”). Entries include completing at least the number of Attended Blocks specified in the Promotion Offer within the Promotion Period. “Attended Block” means a delivery block for which you accept and make deliveries as a delivery partner.

Eligibility

Delivery partners who meet the following eligibility criteria will be eligible for the Reward described in the Promotion Offer. Delivery partners must: (1) have received an invitation to participate in the promotion via email directly from Amazon Flex, or in the ‘Challenge’ page of the delivery partner’s Amazon Flex App; (2) meet the criteria set out in the Promotion Offer; (3) meet all eligibility requirements to be a delivery partner under the Amazon Flex Terms; (4) have an Amazon Flex account in active standing; and (5) be using the latest version of the Amazon Flex App. Further, your participation in the Promotion must comply with these Promotion Terms. Amazon reserves the right to make some or all Promotions available in select locations and/or to select delivery partners, in Amazon’s discretion. Delivery blocks are subject to block availability. Amazon makes no guarantee that blocks will be available.

Reward

Delivery partners who complete at least the number of Attended Blocks specified in the Promotion Offer within the Promotion Period will receive the Reward in their earnings within 14 days of completing the Promotion. Unless otherwise stated in the Promotion Offer, you are only eligible for one Reward per Promotion after meeting the eligibility criteria. Rewards may not be transferred or resold or combined with other offers.

Amazon reserves the discretion to determine the amount of any Reward that each delivery partner may receive for completing the Promotion, which will be set out in the Promotion Offer. Amazon reserves the right to revoke the Reward if Amazon has reasonable grounds to believe that the Promotion was earned through or in connection with any fraud, abuse of the Amazon Flex App, or in violation of the Promotion Terms.

How To View Your Promotion Progress; Disputes

Some delivery partners can track their current Promotion progress by visiting the Challenge tab of the Amazon Flex App. The App will tell you if you are not able to view your Promotion Progress in the App. You must report any errors or omissions related to delivery activity or Promotions completed posted to the Challenge tab immediately by contacting Amazon, as noted in the “Contact Us” section below.

It may take approximately 72 hours after each Attended Block for your Promotion progress to update. In the event of an outage of the Amazon systems, your Promotion progress update and Reward may be delayed.

If you are unable to track your Promotion progress in the app, you can track your progress by reviewing your completed blocks in the ‘Earnings’ page of the Flex App.

Assignment Of Rights

Amazon’s rights and obligations under the Promotion may be assigned or transferred by Amazon to any affiliate of Amazon or third party at any time, and if such transfer takes place, then performance shall be the responsibility of that entity.

Promotion Changes, Termination, and Interpretation

Amazon reserves the right to modify, suspend, or discontinue the Promotion at any time, with notice to you (a) if the Promotion or any element of the Promotion causes (or is reasonably likely to cause) Amazon or entrants to breach the law (including safety and privacy laws); (b) if it creates or is reasonably likely to create a safety hazard, or (c) to rectify egregious errors in the Promotion Offer. Any and all changes and/or amendments to the Promotion Terms will become effective immediately. All interpretations of these Promotion Terms will be in Amazon’s reasonable discretion, and Amazon’s decisions will be final.

Disclaimer

The Promotion and/or any of its features, including Rewards, may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of our control. We are not responsible for any unavailability, interruptions or errors of the Promotion, its features or any Reward that are not within our control. The Promotion and all the information accessible through it are provided for informational purposes only on an “as is” and “as available” basis. Amazon and its affiliated entities and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Promotion, the information, materials, content, availability, and products. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

Except as set forth herein, all disputes arising out of or relating to these Promotion Terms will be governed in accordance with the Amazon Flex Terms. By participating in the Promotion or receiving any Reward, you agree that Amazon, its affiliates and subsidiaries, and its officers, directors, employees, representatives and agents, including any third party (collectively, the “Released Parties”) will have no liability or responsibility whatsoever for, and shall be held harmless by you for, any liability for any injuries, losses or damages of any kind (including, without limitation, direct, indirect, incidental, special, consequential, or punitive or exemplary damages) to persons, including personal injury or death, or property arising in whole or in part, directly or indirectly, from any action taken or neglected to be taken with regard to the Promotion, except where that liability arises out of Amazons negligence or criminal conduct. The Released Parties are not responsible for (a) theft or unauthorized use of a Reward caused by circumstances beyond the reasonable control of Amazon or its representatives or agents; (b) any acts or omissions of third parties; or (c) any errors published in relation to the Promotion, including, without limitation, any typographical errors, errors of description, and errors in the calculation of completed Attended Blocks. Amazon reserves the right to correct, with notice to you, any errors. In no event shall the Released Parties be liable to you for any delay in or failure to perform due to causes beyond Amazon’s control, including, without limitation, any act of god, and act of war, natural disaster, terrorism, or any act or omission of a third party. The sole remedy available to you in connection with the Promotion (whether your claim is based in law or equity) shall be the crediting or re-crediting to your earnings in an amount no greater than the cash value of the Reward. This section will survive termination of delivery partner’s participation in the Promotion.

Nothing in these Promotion Terms or the Amazon Flex Terms is intended to (i) override any express commitments Amazon gives to you for particular Amazon Services (for example, commitments Amazon gives to provide a refund of fees in certain circumstances) ; (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law; or (iii) limit or exclude our liability to you for losses, to the extent such loss is caused by our gross negligence or criminal conduct; or (iv) require any indemnity you provide to us under these Conditions of Use or any applicable Service Terms to extend to losses to the extent caused by our gross negligence or criminal conduct. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.

Other Important Information You Should Know

To the fullest extent permitted by applicable law, you release Amazon and its third-party service providers, affiliates, directors, officers, employees, agents and contractors from responsibility, liability, claims, demands and/or damages (actual and consequential), arising out of or related to any activity in connection with the Promotion, including but not limited to, use of the Promotion and any Rewards that you accept. You agree to indemnify and hold harmless the Released Parties from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your: participation in the Promotion, fraud or misuse in relation to the Promotion, violation of any applicable law or the rights of any third party. Your indemnity is limited to the extent the loss, damage, liability, cost, or expense is caused or contributed to by Amazon. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Amazon.

Your participation in the Promotion may result in federal, state, and local taxes. You are solely responsible for any tax liability, including disclosure requirements, related to participating in the Promotion and on the Rewards that you receive. Please consult your tax advisor if you have any questions about your personal tax situation.

The Promotion and these Promotion Terms will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.

Amazon may enforce the terms of the Promotion at any time, and any delay will not constitute a waiver. If any term of the Promotion is found to be unenforceable, Amazon may still enforce the other terms. This Section will survive termination of your participation in the Promotion.

Contact Us

The Promoter is Amazon Commercial Services Pty Limited (ABN 30 616 935 623) of 2 Park Street, Sydney, NSW 2000, Australia.

Please direct all inquiries to amazonflex-support@amazon.com.au

Available 8 AM to 11 PM AEST daily.

Last updated: 07/09/2023