UBER EATS & YANKEES LEGENDARY ORDER SWEEPSTAKES
Uber Technologies, Inc. (“Uber”) is sponsoring the Uber Eats & Yankees Legendary Order Sweepstakes (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by participating, you (“Entrant”) agree to be bound by them and the decisions of Uber, which are final and binding in all respects.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
1. Eligibility: In order to be eligible, Entrants must be (i) a legal resident of the fifty (50) United States and District of Columbia; (ii) at least eighteen (18) years of age; (iii) have an active, valid Uber Eats account; and (iv) reside in one of the geographic areas of New York, New Jersey, Pennsylvania, or Connecticut listed in Exhibit 1 where Uber Eats operates. Void where prohibited by law. Employees, officers and representatives, and the immediate family members of such employees (i.e., parent, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Uber, the MLB Entities (defined below), or any of their affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to enter. Additionally, individuals who are employed by any local, state or federal government office or agency, elected officials and individuals listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible to enter or win. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. The Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations. Winner and their guests must be able to be present in New York City on September 30, 2022 or another date designated by Uber. If you are not available on this date or another date designated by Uber, you may not be eligible to win.
2. Sweepstakes Period: The Sweepstakes begins at 6:00 a.m. Eastern Time (“ET”) on September 8, 2022 and ends at 11:59 p.m. ET on September 21, 2022 (the “Sweepstakes Period”). Uber’s computer is the official timekeeping device for entry in the sweepstakes.
3. How To Enter: During the Sweepstakes Period, Entrants must enter using one of the following methods:
In-App: Open the Uber Eats app (“Uber Eats app”), place an order over $30.00 for either pickup or delivery within Yankees Stadium or within one of the geographic areas of New York, New Jersey, Pennsylvania, or Connecticut listed in Exhibit 1, and enter promo code legendaryorder at checkout to receive one (1) entry into the Sweepstakes. To enter the Sweepstakes by this method, an Uber Eats account is required, and can be obtained at no cost at Uber Eats.com or by downloading the Uber Eats app from the appropriate app store. Data and usage rates may apply. By entering the promo code at checkout, Entrant is acknowledging and agreeing to these Official Rules. Any entries that constitute unlawful behavior will be disqualified from the Sweepstakes. No purchase or order with Uber Eats is necessary to enter or win.
Free Alternate Method of Entry Form: To enter the Sweepstakes without placing an Uber Eats order or entering the promo code above, fill out this form and provide your complete name, phone number and email address to receive one (1) entry into the Sweepstakes. No purchase or Uber Eats order necessary to enter.
All entries must be received no later than the end of the Sweepstakes Period to be considered. When submitting an entry, Entrant is required to provide complete and truthful information. Entries submitted by persons who do not meet the eligibility requirements (including all requirements with respect to age, residence, and delivery-partner requirements) are void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated entry methods or agents to submit entries will void all entries submitted by that person or that person’s agents. Uber will disqualify any entry from individuals who do not meet the eligibility requirements. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.”
By entering the Sweepstakes, Entrant: (a) agrees to be bound by these Official Rules and by the interpretation of these Official Rules by Uber and by the decisions of Uber, which are final and binding in all respects; (b) acknowledges compliance with these Official Rules; and (c) agrees to comply with any and all applicable federal, state and local laws, rules and regulations. Winning the Prize is contingent upon fulfilling all requirements set forth in these Official Rules.
3. Prize: One (1) Winner (as defined below) will receive the following prize as outlined below (collectively, the “Prize”):
- Tickets: Four (4) Legends Suite Individual Game Tickets for winner and three (3) guests to the Yankees Game taking place at Yankee Stadium, 1 E 161 St, Bronx, NY 10451 on September 30, 2022.
- Dinner for winner and their three (3) guests with a Yankees Alum: Exact Yankee Alum to be determined by Uber, in its sole discretion; and
- Uber Gift Card: One (1) Uber Gift Card in the amount of $200.00 will be provided to the Winner only. Gift card Terms and Conditions apply.
Total Approximate Retail Value (“ARV”) of all prize elements awarded: $3,125.92. ONLY ELEMENTS OF THE PRIZE DESCRIBED ABOVE ARE BEING AWARDED TO WINNER. Exact nature and duration of the dinner with the Yankees Alum shall be determined in the sole discretion of Sponsor and the New York Yankees and subject to availability. Winner must confirm attendance no later than twenty-four (24) hours from time of notification. Winner is solely responsible for all incidental expenses, including ground transportation, meals, tips and gratuities, income and other taxes, and all other costs and expenses not otherwise mentioned herein. A refund or cash equivalent will not be provided to Winner in the event that the actual retail value of the Prize is different than the stated ARV. No cash equivalent available and prize is non-transferable and no substitution will be made except as provided herein at Uber’s sole discretion. Uber reserves the right to substitute any listed prize for one of equal or greater value if the designated Prize should become unavailable for any reason. Any portion of the Prize not accepted, or redeemed by the dates or allotted time set forth in these Official Rules, or unclaimed and/or unused by the Winner will be forfeited and will not be substituted and no additional compensation will be provided, no transfer of Prize to a third party is permitted. Uber gift cards are subject to the Uber Terms of Service, which are available at http://www.uber.com/legal/terms/us. For the avoidance of doubt, although the Winner will receive the Uber gift card at no cost as the prize, the provisions in the Uber Terms of Service regarding “Gift Cards” shall govern to the extent applicable.
Uber or its designee shall fulfill the Prize to the Winner. Delivery of Prize may require a street address (no P.O. Boxes), and failure to provide the requested information by the time specified by Uber may result in Winner’s disqualification or forfeiture of the Prize. Winner may be required to be physically present and/or must present valid government-issued photo identification to redeem the prize. Uber shall have no liability for any Prize that is lost, intercepted or not received by a Winner for any reason. Any and all transportation to/from the ticket venue and any corresponding accommodations will not be provided by Uber and will be Winner’s (and their guests’) sole responsibility.
Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see yankees.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Uber. Winner’s guest(s) must be of legal age of majority in their jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize; see yankees.com/ballpark for details. Uber and the MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Uber and the MLB Entities will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game/event/exhibition ticket.
If for any reason the Prize is unavailable or a Prize or related event, is not played or held, or performance is delayed, cancelled or postponed, or for any other reason, Uber reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winner. Uber and the Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize or any portion thereof. Winner agrees to comply with any additional terms and conditions applicable to the Prize. The Prize is provided “as is”; Entrants acknowledge that Uber and the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including any implied warranty of merchantability of fitness for a particular purpose. Any prizes pictured in advertising and other Sweepstakes materials are for illustrative purposes only.
THE VALUE OF THE PRIZE WILL BE TAXABLE TO THE WINNER AS INCOME. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the Prize not specifically provided for in these Official Rules are solely the responsibility of the Winner (regardless of whether the prize, in whole or in part, is used). Winner must submit the Taxpayer ID, Social Security Number and/or any other information or documentation Uber may require for payment and/or tax reporting purposes, including but not limited to a W9.
4. Winner Selection and Notification: One (1) potential winner will be selected in a random drawing from all Eligible Entries on or about September 22, 2022. The potential winner will be notified by phone or email (at the phone number or email provided with the entry or associated with the potential winner’s Uber account), and will be required to confirm his/her email address and/or phone number. Details will follow via email.
Uber shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner cannot be reached after a reasonable effort has been exerted and/or fails to respond, provide any requested information, or confirm his/her email address within twenty-four (24) hours (or such other time specified by Uber) from when the initial notification phone call or email is sent, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner forfeits the Prize, and an alternate potential winner may be selected. Uber, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of the Prize in accordance with the above procedure, after which the Prize may go unawarded if it remains unclaimed.
If potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, potential prize winner will be disqualified and an alternate potential winner may be selected. The odds of winning depend on the number of eligible entries received.
5. Winner Verification: The potential winner will be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within twenty-four (24) hours after being notified of being a potential winner.
The potential winner will be required to complete and sign an Affidavit of Eligibility, release of liability, publicity release form (except where prohibited), and a completed IRS W-9 form (if required), and the eligibility of the potential winner will be verified. Forms must be returned within twenty-four (24) hours of receipt by potential winner. If potential winner does not complete all forms necessary within the time given and/or in the event of non-compliance by any potential winner, such potential winner shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a potential winner shall be terminated and an alternate potential winner may be selected in a random drawing from among all of the remaining Eligible Entries.
Provided that the potential winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as the Winner (“Winner”). Uber expressly reserves the right to delay the announcement of the Winner for any reason it deems necessary.
Additionally, Uber and the Sweepstakes Entities reserve the right to make a public announcement, announcing the Winner on either the Uber website, through the Uber App, or in any manner (including, without limitation, social media (e.g., Facebook, Twitter)), which they deem appropriate.
6. Liability Release and Indemnity: THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY UBER OR ANY SWEEPSTAKES ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL UBER OR ANY SWEEPSTAKES ENTITY BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT UBER AND/OR OTHER SWEEPSTAKES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By entering the Sweepstakes, Entrant agrees to indemnify, defend, and hold harmless, Uber and any other Sweepstakes Entities from any and all liability, for any claims, damages, injuries or losses of any kind, and to release all rights to bring any claim, action or proceeding arising out of, in connection with, or relating to, (i) participation in the Sweepstakes, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize, including any travel/activity related thereto, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Sweepstakes or acceptance and use or the Prize, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the Prize, or Uber’s advertising and marketing related to the Sweepstakes, Entrants or the Winner, in all cases, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, misdirected or undeliverable entries or prize notifications; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize (including, without limitation, any travel or Uber trips or rides taken by Entrant in connection with using the Prize). Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Sweepstakes, or the acceptance, receipt, or use of the Prize or any Prize component. Entrant further agrees that in any cause of action, Uber and/or the Sweepstakes Entities’ liability will be limited to the value of the Prize, and in no event shall the Sweepstakes Entities be liable for attorney’s fees.
Uber and the Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Sweepstakes, or other errors appearing within the Official Rules or in the Sweepstakes related advertisements. Uber and the Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Sweepstakes, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site including uber.com, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system/software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Uber reserves the right in its sole discretion to disqualify any person it suspects or finds (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner, Uber or the Sweepstakes Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Grant of Rights. Except where prohibited by law, by entering the Sweepstakes and/or winning the Prize, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, entry, statements attributed to Entrant (if true) and any video footage related to the Prize, for all Sweepstakes Entities’ advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation and additionally consents to the Sweepstakes Entities putting his or her name on a winner’s list. Please note that Uber may not acknowledge or return any entries.
8. General Terms. Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if the Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Sweepstakes Entities. If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in Uber’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Uber reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing of the Sweepstakes Period, notice will be posted on uber.com. Uber reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes Period for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, UBER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Binding Arbitration: Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the AAA Rules, in San Francisco County, California; (4) unless both Entrant and Uber agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11. Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Uber in connection with the Sweepstakes, shall be governed by, and construed in accordance with, California law without giving effect to any choice of law or conflict of laws rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
12. Accessibility of Official Rules: A copy of the Official Rules is available via www.uber.com. Where required by law, Uber will provide the name of Winner of the Sweepstakes to those who request it. For the name of Winner: (i) send a self-addressed, stamped envelope postmarked to Uber Technologies, Inc., 1455 Market Street, Suite 400, San Francisco, CA 94103, Attn: Contracts – Winner List; and (ii) write the name of the Sweepstakes on the lower left hand corner of the envelope. All requests for the name of the Winner must be received within two (2) weeks of the end of the Sweepstakes Period.
13. Sponsored and Administered by: Sweepstakes subject to these Official Rules are sponsored and administered by Uber Technologies, Inc., 1455 Market Street, Suite 400, San Francisco, CA 94103.
This Sweepstakes is in no way sponsored by any of the MLB Entities. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com.
All inquiries regarding the Sweepstakes should be directed to Sponsor.
State of New York
State of Connecticut
State of New Jersey, except for the following Philadelphia ADI NJ counties: Atlantic, Gloucester, Burlington, Mercer, Camden, Salem, Cape May, Cumberland
The following Wilkes Barre – Scranton ADI Pennsylvania counties are included: Carbon, Schuylkill, Columbia, Snyder, Lackawanna, Sullivan, Luzerne, Susquehanna, Lycoming, Union, Montour, Wayne, Northumberland, Wyoming, Monroe
The following New York ADI Pennsylvania county is included: Pike
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