TERMS AND CONDITIONS “#UberMe2Phuket” SWEEPSTAKES and CONTEST BY SUBMITTING AN ONLINE ENTRY TO THIS EVENT DURING THE EVENT PERIODS, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT. SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE EVENT ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. USE OF UBER SERVICES ARE NECESSARY TO ENTER OR WIN A PRIZE, HOWEVER ANY RELATED USE OF UBER SERVICES ARE NOT CONSIDERED TO BE EXCHANGE FOR ENTERING OR WINNING A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND ONLINE ENTRY IS REQUIRED. REGISTRATION FOR A USER ACCOUNT AT UBER.COM IS REQUIRED. VOID WHERE PROHIBITED OR RESTRICTED BY ANY APPLICABLE LAW, REGULATION, OR CUSTOM.
SPONSOR AND ADMINISTRATOR: Uber B.V. (“Sponsor”), a corporation registered under the laws of the Netherlands, having the address: Vijzelstraat 68, Amsterdam 1017 HL, The Netherlands, is the sole organizer and solely responsible for all aspects of the “#UberMe2Phuket” sweepstake and contest (“Event”). Sponsor may delegate portions of the administrative and organizational work (including promotional activities) to other persons, groups of people, legal entities (including corporations and related/affiliated companies) or the like (“Collaborators“). However, such Collaborators shall not be considered to have created a partnership or joint effort with the Sponsor.
BRIEF OVERVIEW OF THE EVENT: This Event is a chance for qualifying Uber users in specific regions including Bangkok, China, Hong Kong, Australia, Singapore, Japan, Malaysia, Korea, etc., to be selected as the winner among all other contestants by submitting entries via ["uber.com"] (“Website“) or download the free Uber mobile application (“Application“) (if you do not already have it)to win a substantially free trip, comprising of a substantially free roundtrip air ticket, and substantially free lodging for two (2) nights for two (2) persons to Phuket, Thailand (“Trip“). This Event is intended to take approximately two (2) weeks during any period starting from November 2014 to February 2015, depending on each country of the Participants (“Event Period“). The period to register for the chance to win a Trip (“Entry Period“) will also vary depending on the varied Event Period aforesaid. Sponsor reserves the right to separately determine the Entry Period and Event Period for each country and make adjustments as it deems appropriate. Information which must be submitted in order to participate includes the following information of the entrants or contestants (altogether referred to as the “Participant(s)“) participating in the Event: (1) Full name;(2)Address; (3) a valid email address; and (4) mobile telephone number (including area code) (collectively, “Submission”). For the sweepstake, odds of winning will depend on the total number of eligible entries received. For the contest, Sponsor’s appointed judges (the “Judges”) will select the winner of the Prize by applying the Criteria (as defined below). For purposes of these terms and conditions (“Terms”), all times and days are GMT time. Sponsor’s computer is the official time keeping device for this Event. The awarding of each Prize is subject to the eligibility and forfeiture provisions set forth below.
ENTRY: Participants may enter only once for this Event.During the Entry Period, you may enter the Event by opening the Website or the Application, clicking on the link to [#UberMe2Phuket], agreeing to the Terms and the TOU, following the entry instructions to submit your Submission and clicking on the “submit” button (collectively, “Entry(ies)”). Only valid email addresses (individually, “Address”) will be accepted for registration as determined solely by the Sponsor; and, at Sponsor’s sole discretion, a Participant will be disqualified if he/she creates invalid Addresses with intent to affect the integrity of the Event. Normal internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor in writing if you change your Address.
EVENT MATERIALS:“Event Materials” include: (1)all information and material submitted by you in connection with the Event, including the Submission andall other internet postings and uploads, forms, contracts or releases submitted by you as a Participant in connection with the Event; (2) your name, voice, likeness, image and biographical data as contained in or reflected by the Submission; and, (3)all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the Event, whether submitted to the Sponsor or not, including the Submission. All material owned by the Sponsor or the Sponsor’s affiliated companies, including but not limited to any picture, logo, title art, etc., shall remain their property and you shall acquire no rights therein by virtue of the Event.
3. ELIGIBILITY: To be eligible for this Event, at the time of entering Participants must be: (1) a natural person;(2) 20 years of age or older; (3)a registered user of the Website, who agrees to its terms of use (“TOU”); (4) not an employee of Sponsor; its parent, subsidiary, affiliated or successor companies; the advertising, promotional or fulfillment agencies of any of the Collaborators; nor a Household member or Immediate family member. Household members” shall mean people who share the same residence at least three months a year. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. Furthermore, at the time of entering and thereafter, you must be: (5)willing to have your Submission featured and published on the Website or otherwise distributed, in connection with, or to promote, the Event and/or the Website; and, (6) not reside or be subject to any custom, law or rules prohibiting your participation in this Event.
Except as specifically provided herein, by entering the Event, you agree to grant to Sponsor a non-exclusive, fully-paid, irrevocable, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, display, distribute, re-distribute, copy, store, modify, adapt, translate, create derivative works based upon and publicly perform the contents of the Event Materials, in whole or in part, in all media, formats and channels now known or hereafter devised, for the duration of the rights in each country, area and space, and throughout the universe, in perpetuity and in all languages, formats and versions. Upon Sponsor’s request, you agree to assist the Sponsor in obtaining the consent for any other applications.
LIMITATIONS: By submitting the Event Materials in the Event, you represent and warrant to Sponsor that the Event Materials and everything depicted therein: (1)do not originate from a magazine, newspaper or other commercial or proprietary source; (2)do not infringe upon or otherwise violate any right of any person, firm or entity;(3) do comply with the TOU and the Terms; (4)do not contain any trademarks, logos, insignia, location signage, photographs, artwork or sculptures or other material (e.g., on props, costumes, background) that would infringe any third party’s copyrights or trademarks; (5)have not previously been submitted in an event of any kind or exhibited or displayed publicly through any means; (6)do not contain the likeness or photograph of any person other than you; (7)do not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, defamatory, libelous, infringing or otherwise objectionable or unlawful as determined by Sponsor in its sole discretion. You further represent and warrant to Sponsor that: (a) you have all rights, licenses, permissions and consents necessary to submit the Event Materials in accordance with the Terms; (b) no person or entity other than you has any right, title or interest in and to any part of the Event Materials; (c) you are not subject to any agreement or arrangement that would interfere with your entering this Event and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder and (d)no animal has been harmed in connection with the Event. Sponsor may, in its sole discretion, disqualify and remove any Participant that Sponsor deems to be in violation of these Limitations at any time. All Entries must be received during the Entry Period. There is a limit of one (1) Entry per natural person (regardless of whether one person has more than one Address or more than one person use the same Address). In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 5 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Sponsor, nor any of its officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries that are altered, contain the images of more than one person, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Terms; or any printing, production, technical, electronic or other errors; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified; and any Participant who attempts to enter with multiple Addresses or under multiple identities will be disqualified. Sponsor is not obligated to communicate with any Participant during the duration of the Event. Void where prohibited or restricted by law and subject to all applicable laws and regulations. Please review these Terms and the TOU carefully; however, in the event of a conflict between these Terms and the TOU, these Terms will control.
PRIZE: For the contest,the winner (“Winner”) will be the Participant who receives the highest score based on the Criteria. For the sweepstake, the potential “Winner” for the sweepstakes will be determined via random drawing, from all eligible Entries received during the Event Period. Winner will receive vouchers for 2 roundtrip plane tickets, vouchers for 2 nights hotel accommodation and free reasonable Uber transportation in Phuket(collectively, “Prize“). Airline carrier and hotel regulations and conditions apply. All expenses, including but not limited to: passport application fees, insurance premiums/fees; taxes, duties, and the like; service charges; surcharges; gratuities and tips; transportation to and from the airport of origin for this Event; food and beverages; insurance; hotel room service fees, mini-bar and related incidental charges; parking; souvenirs and merchandise; communication costs; etc., which are not specifically mentioned herein are excluded from the Event winnings SHALL BE SOLELY THE AT THE EXPENSE OF AND WINNER’S RESPONSIBILITY. Winners consent and agree that travel and lodging are subject to availability; Winners shall be responsible for certain restrictions such as blackout dates; that Trip must be taken on Sponsor-selected dates and during the validity of the vouchers given as a Prize, i.e. within six (6) months from the respective Event Period commencement date (within 9 February 2015 for Perth), for the plane ticket vouchers; and, within the period of November 2014 until the end of April 2015, for the hotel vouchers (collectively, “Validity Period“); and that the Trip will be subject to final approval by Sponsor, or Prize may be forfeited. Approximate Retail Value (“ARV”) of the Prize is $2,500 USD (Two Thousand Five Hundred US Dollars), which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. Tickets issued in conjunction with the Prize are not eligible for frequent flyer miles, and no code share flights may be used. Prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. Any depiction of any Prize is for illustrative purposes only. Prizes are not redeemable for cash or transferable. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. Prizes will be awarded provided there are sufficient eligible Entries received and provided Prizes are validly claimed. In the event that any Prize is not validly claimed within the Validity Period, Sponsor has the sole discretion as to whether or not designate an alternate winner Any and all taxes associated with the receipt or use of a Prize are the sole responsibility of each winner.
PROCEDURE/JUDGING: For the contest,Sponsor’s appointed Judges will select the winner of the Prize by applying the following judging criteria: 33% (Thirty Three Percent) for originality, 33% (Thirty Three Percent) for creativity and 33 % (Thirty Three Percent) for ability (collectively, “Criteria”).The judging process will be completed and the Winner announced online approximately two (2) weeks after announcement of beginning of each Event Period for each country. The Winner will be selected based on the Criteria. The decisions of the Judges will be final on all matters relating to the judging. For the sweepstake, Winner will be chosen within one (1) week of the end of the Event Period. The Prize will be awarded to the authorized account holder of the email address submitted with the Entry regardless of the individual who submitted the winning entry. The authorized account holder is the person who is assigned to the e-mail address by an Internet service provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses. The potential Winner will be notified within three (3) business days of the drawing. The potential Winner will be notified by email (at the email address provided with the entry), and will be required to confirm his/her email address. If the potential Winner cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within three (3) days from when the initial notification email is sent, the potential Winner forfeits the Prize, and an alternate potential Winner will be randomly drawn from all remaining eligible Entries received during the Event Period. If the alternate potential Winner is unable to accept the Prize, the Prize is forfeited and another alternate potential Winner will be randomly drawn from all remaining eligible Entries received during the Event Period. This Winner selection and notification process shall be continued until a Winner is confirmed. If the Prize or a prize notification is returned as undeliverable, the Prize will be forfeited and an alternate potential Winner will be randomly drawn.
WINNERS: ThepotentialWinner will be notified via email approximately three (3) business days after the Event. Finalists will not be notified but will be announced online. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) potential winner’s failure to respond to notification within ten (10) days from after sending the email; (2) potential Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within three (3) business days from date of e-mailing; (3) potential winner’s failure to submit a requested statement of originality; (4) potential winner’s failure to submit any requested third party releases, including location and talent releases; (5) potential winner’s failure to meet deadlines; (6)potential Winner’s failure to be available to make the Trip on Sponsor-selected dates; (7) potential winner’s failure to provide satisfactory proof that he/she is the Authorized Account Holder of the Address associated with a winning Entry; (8) potential Winner’s failure to validly claim any Prize within ten (10) days after it is sent; (9) potential winner’s failure to authorize a background check in writing via a Background Check Authorization Form within three (3) business days after it is sent; (10) potential winner’s failure to validly claim any Prize within the Validity Period; and (11)any other non-compliance with Terms, including anyone found giving false information. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. Winner’s guests, if any, must travel together with Winner on the same itinerary and they are solely responsible for obtaining all necessary travel documents (e.g. passport) before departure. All guests of Winner, if any, will be required to execute a Release of Liability prior to participating. Any guest considered a minor in his/her state of primary residence must be accompanied by his/her Parent, who must be either the Winner or one (1) of the permitted guests. For winners’ list (after the Validity Period) and/or Terms (before or during the Validity Period), send a self-addressed, stamped envelope to: Uber B.V., Vijzelstraat 68, Amsterdam 1017 HL, Netherlands. A copy of the Terms may also be obtained by printing this web page.
PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Event, if any, is subject to Sponsor’s privacy policy(“Privacy Policy”).
CONDITIONS: By entering this Event, you agree, represent and warrant that: (1)you will be bound by the Terms, TOU and Sponsor’s decisions, which shall be final in all respects; (2) the Entry will not be acknowledged or returned; (3)you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the Entry, selection or use of a Submission or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any Prize; participation in this Event or in any Event-related activity or travel or from any interaction with, or downloading of, computer Event information; (4)the Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose);(5) winner’s acceptance of a Prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner’s name, address (city and state only), voice, likeness, photograph, biographical and Prize information and/or statements about the promotion for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; (6) in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control,corrupt, prevent or impair the administration, security, fairness or proper play of the Event, so that it cannot be conducted as originally planned, except where prohibited by law, Sponsor has the right, in its sole discretion, to modify the Terms or to cancel, modify, terminate or suspend the Event; and in such event, to select winners by such method as Sponsor in its sole discretion; and in the event the Trip has already commenced, to terminate the Trip and return the group to any airport of origin as soon as reasonably possible; (7) the Releasees are not responsible for typographical or other errors in the offer or administration of the Event, including but not limited to: errors in the advertising, Terms, selection and announcement of the winners and distribution of the Prizes; (8) any portion of any Prize not accepted or used by any winner will be forfeited; (9) the Releasees are not responsible for any inability of any winner to accept or use any Prize (or any portion thereof) for any reason; (10)the Sponsor has the right, in its sole discretion, to disqualify any individual it suspects: to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Event; (b) violating the Terms, TOU or the Privacy Policy; (c) violating any other terms, conditions of use and/or general rules or guidelines of any Event property or service or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Sponsor; (11) since any attempt by any individual to deliberately damage the Website or undermine the legitimate operation of the Event or the Website is a violation of these Terms as well as criminal and civil laws; and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; (12) Sponsor has the right to conduct a background check (“Check”) of any and all records of the Winner and all Participants, including without limitation, civil and criminal court records and police reports, which they,to the extent necessary under law, shall authorize; (13)Sponsor may take all steps necessary to corroborate any information provided to Sponsor by any Participant andParticipants will be obligated to provide necessary contacts and information for the Check; (14)Sponsor has the right, in its sole discretion, to disqualify any Participant from any prize element, based on the Check; (15)all disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Event, the meaning or interpretation of the Terms or any Prize awarded shall be resolved by applying the laws of the Netherlands, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the appropriate court of the Netherlands; (16) all Claims shall be resolved individually, without resort to any form of class action; (17) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred,but in no event include attorneys’ fees, and under no circumstances will any Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased; (18) Sponsor has the right to modify Prize award procedures at its sole discretion; (19) Winner shall be appropriately insured for this Event at Winner’s own expense; (20) Sponsor shall not be held liable for any costs or expenses incurred by Winner’s guests, including situations where a Trip has been cancelled.
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