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Uber Art Contest

Official Terms and Conditions

Sponsored by Uber Technologies, Inc.

BY PARTICIPATING IN THIS CONTEST DURING THE CONTEST PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.  SO READ THEM CAREFULLY BEFORE ENTERING.  AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE CONTEST ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

NO PURCHASE NECESSARY TO WIN THE GRAND PRIZE OR REDEEM A PRIZE. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.

Uber Technologies, Inc. (“Uber”) is offering the “Uber Art Contest” (the “Contest”).  The Contest 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.  

1.  Eligibility:  The Contest is open only to legal residents of CA, DC, FL, GA, IL, MA, LA, MN, NY, SC, TN, and TX who (i) are existing or become new registered users (“Uber Users”) of Uber’s proprietary mobile technology application (the “Uber App”) during the Contest Period or (ii) have an existing driver partner account in good standing prior to the opening of the Contest Period. VOID WHERE PROHIBITED.  Employees, officers and representatives, and the immediate family members of such employees, officers and representatives (i.e., parent, spouse, siblings, children, grandparents, step parents, stepchildren and stepsiblings, and their respective spouses, and those living in the same household, whether or not related) of Uber and each of their affiliated companies, parent companies, subsidiaries, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Contest (the “Contest Entities”) are not eligible to enter.
2. How To Participate:  The Contest begins at 10:00 a.m. Eastern Time (“ET”) on November 17, 2017 and ends at 11:59 p.m. PT on November 26, 2017 (the “Contest Period”).  Here is what you must do to participate:  
3. Sign Up:  To participate, you must (i) have an existing driver partner account in good standing or (ii) have an existing Uber User account or sign up for a new Uber User account. To sign up for an Uber User account, during the Contest Period, visit uber.com or download the free Uber App (if you do not already have it) and complete the registration process to activate an Uber User account by providing the following information: first name, last name, a valid email address, password and mobile telephone number (including area code).  Each Entrant who is activating a new Uber User account will also be required to enter valid credit card information to register for an Uber User account.
4.  How to Enter:  Then, during the Contest Period you must submit one (1) piece of original two-dimensional artwork (no larger than 4′ x 6)’ to Uber via the submission portal on the Uber blog found at the following link: https://www.uber.com/blog/miami/miami-art-week-contest/ (“Entry”). Each Entrant may only submit one (1) Entry during the Contest Period.

Uber’s computer is the official timekeeping device for entry in the Contest.  To qualify for the Contest, all Entries must be submitted following the process specified above by 11:59 p.m. ET on the last day of the Contest Period.

All Entrants are required to provide complete and truthful information.  Any completed ride based on information that is incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with these Official Rules may be disqualified from the Contest at Uber’s sole and absolute discretion. Any completed ride by an Uber User that does not meet the eligibility requirements is void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated participating methods or agents will be void.

By participating in the Contest, 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 Grand Prize or redeeming a Prize is contingent upon fulfilling all requirements set forth in these Official Rules.

3. Criteria: Uber’s appointed judges (“Judges”) will select the winner of the Prize by applying the judging criteria as specified by herein (collectively, “Criteria”). The Judges will apply the following Criteria in their evaluation of each Entry:
4.     Creativity – Is the entry unique? Does it utilize artistic elements in a creative and thoughtful way?
5.  Technical Skill – Does the work reflect fluency in design principles and the chosen artistic medium?
6.   Visual Impact — Is the work thought-provoking? Does it utilize the chosen artistic medium to present a compelling idea or create an emotional response?
7.  Prize:  Five identical (5) prizes (collectively “Prizes”) are available and will be awarded to the respective Winners (defined below) of the Contest.  Each Prize consists of: (i) a stipend of up to $3,000 for travel, room and board accommodations for Winner and one (1) guest in Miami, FL for December 7 and 8, 2017 and (ii) the opportunity for Winner to present their winning Entry at a pop up art exhibit in Miami, FL (ARV of each Prize: $3,000).  

If, for any reason a Prize, or any part of a Prize, is unavailable for any reason, Uber reserves the right to modify the Contest 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 Prizes, or any portion thereof, is permitted by the Winner or any Entrant.  

Uber and the Contest Entities shall have no responsibility or obligation to a Winner or any Entrant who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. In the event a potential Winner or Entrant does not or cannot accept the Prize, an alternate Winner and Entrant will be determined among eligible Entrants on the same basis as the potential Winner of the Prize were determined.  All costs and expenses not specifically listed above as part of the Prizes are solely the Winner and Entrant’s responsibility, including, but not limited to, tax, license, registration, insurance and any all other costs and expenses. The Prizes are provided “as is”. Entrants acknowledge that Uber and the Contest 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 Contest materials are for illustrative purposes only.  

The value of the Prizes will be taxable to the Winner as income. An IRS Form 1099 and W9 will be issued in the name of the Winner for the actual value of the Prize awarded.  All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the Prizes not specifically provided for in these Official Rules are solely the Entrant’s responsibility (regardless of whether the prize, in whole or in part, is used).

5.  Winner Selection and Notification:  Each “Winner” will be chosen based on the Judges’ application of the Criteria (as determined by Uber in Section 3 above) against each Entry submitted before the conclusion of the Contest Period. Uber will announce the “Winners” on a date to be determined by Uber (but in no event later than fourteen (14) days from the end of the Contest Period). Uber will notify the Winners by e-mail (at the email address provided by each Winner) or by phone (at the phone number provided by each Winner). Additionally, Uber and the Contest Entities reserve the right to make a public announcement announcing the Winners through the Uber App or in any manner that they deem appropriate.  If a Winner cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within two (2) business days from when the initial notification email is sent, or the Prize notification is returned as undeliverable, such Winner forfeits the Prize and an alternate Winner may be selected by Uber among the remaining Entrants.  If the alternate Winner does not comply with these Official Rules or is otherwise unable to accept the Prize, the Prize is forfeited and another alternate Winner will be selected by Uber.  This Winner selection and notification process shall be continued until a Winner for each Prize is confirmed.
6.  Winner Verification: The Winner of a Prize (or any alternate Winner if one must be selected) is not official and shall not be confirmed as the Winner until he/she has completed, signed and returned documentation required by Uber — which may include an Affidavit of Eligibility, release of liability, (except where prohibited) publicity release form, and a completed IRS W-9 form, and the eligibility of the potential Winner has been verified.  Forms must be received within five (5) days after notification of winning.  If the Winner (or any alternate Winner) does not complete all forms necessary within the time given and/or in the event of non-compliance by the Winner (or alternate Winner), such Winner (or alternate Winner) shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a Winner shall be terminated and an alternate Winner will be determined as provided herein.  

Provided that the Winner is in compliance with these Official Rules and after having successfully proven eligibility, the Winner will be officially confirmed as the Winner.  Uber expressly reserves the right to delay the announcement of the Winner for any reason it deems necessary.  In addition, Uber reserves the right to select an alternate Winner in the event that any Winner fails to comply with these Official Rules.  To the extent applicable, the terms of this Section 5 shall apply to the winners of the Prize as well.

7.  Liability Release and Indemnity:  Each Prize is offered and provided “as is” with no warranty or guarantee by Uber, either express or implied.  By participating in the Contest, the Winner and each Entrant acknowledges that Uber and/or the Contest Entities have not and will not obtain or provide automotive or other insurance of any kind relating to the Prize and that the Winner will be responsible for obtaining and paying for any form of insurance relating to the Prize as required by law or that the Winner otherwise deems appropriate.  TO THE GREATEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL UBER 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 CONTEST, 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 CONTEST ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

By entering the Contest, Entrant agrees to indemnify, defend, and hold harmless, Uber and any other Contest 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 Contest, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Contest 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 Contest, the Prize, or Uber’s advertising and marketing related to the Contest, Entrants or the Winner,  in all cases, including but not limited to:  (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Contest or the processing of completed trip information; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Contest), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use of any prize.  Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Contest, or the acceptance, receipt, or use of the Prize or any component.  Entrant further agrees that in any cause of action, Uber and/or the Contest Entities’ liability will be limited to the value of the Prize, and in no event shall the Contest Entities be liable for attorney’s fees.

 

Uber and the Contest Entities assume no responsibility for and will disqualify and void completed trips 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 Contest, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Contest, or other errors appearing within the Official Rules or in the Contest related advertisements. Uber and the Contest Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Contest, 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 www.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 Contest.  Use of any device to automate or subvert entry is prohibited and any completed trips 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 administrative process or the operation of the Contest; (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 Contest Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Contest; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

8.  Grant of Rights.  Except where prohibited by law, by submitting an Entry in the Contest and/or winning the Prize, Entrant irrevocably grants Uber a license to 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 Contest or Prize, for all Contest 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 Contest Entities putting his or her name on a competitor’s list throughout the duration of the Contest Period and thereafter.
9.  General Terms.    The Contest Entities are not responsible if the Contest 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 Contest Entities.  If, for any reason the Contest 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 Contest Entities, which, in Uber’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, Uber reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Contest or any part of the Contest. If the Contest or any part of the Contest is terminated or modified prior to the closing of the Contest Period, notice will be posted on www.uber.com. Uber reserves the right to modify and amend these Official Rules from time to time during the Contest Period for clarification purposes.

 

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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.

 

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Uber’s failure to enforce any term of these Official Rules will not constitute a waiver of that term or any other provision of these Official Rules. Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Contest–related materials, privacy policy or terms of use on a website and/or the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Uber’s sole and absolute discretion.

 

10.  Privacy: All information submitted by Entrants and collected by Uber in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Uber’s web site Terms and Conditions accessible at: https://www.uber.com/legal/terms and Uber’s Privacy Policy available at: https://www.uber.com/legal/privacy.   By participating in the Contest, Entrant hereby agrees that Uber may collect and use his or her personal information submitted in connection with the Contest, and acknowledges that he or she has read and accepted the Uber Privacy Policy.  Among other things, the information Entrants provide may be used for sending Entrants company updates and announcements about Uber and its products and/or services. Winner acknowledges and agrees that Uber may share Winner’s information with a third party for the sole purpose of fulfilling any aspect of the Prize.

 

11.  Binding Arbitration:  Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTEST 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 Contest 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.

 

12.  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 Contest, shall be governed by, and construed in accordance with, the 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.

 

13.  Request for Name of Winner and Official Rules:  All requests for a copy of these Official Rules and for the name of the Winner must be made by November 30, 2017.  For the name of the Winner and/or Official Rules:  (i) send a self-addressed, stamped envelope postmarked to Uber Contest: Art Week, 1455 Market St., Suite 400, San Francisco, California 94103, Attn: Legal – Transactions; and (ii) write “Winners’ Names” and/or “Official Rules” on the lower left hand corner of the envelope.

 

14. Sponsored and Administered by: This Contest is sponsored and administered by Uber Technologies, Inc., 1455 Market Street, Suite 400, San Francisco, CA 94103.