ED SHEERAN + UBER SWEEPSTAKES OFFICIAL RULES
10/17/18 FARGO, NORTH DAKOTA CONCERT
Uber Technologies, Inc. (“Uber”) is sponsoring the ED SHEERAN + UBER 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.
- Eligibility: The Sweepstakes is open only to legal U.S. residents residing within the Fargo, North Dakota Uber service market areas who are 18 years of age or older. 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, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Uber or its 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 Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations. Please note: The Winner and their guest must be able to be present in Fargo, ND on October 17, 2018. If you are not available and willing to travel to the concert venue on October 17, 2018, you will not be eligible to win.
- Sweepstakes Period: The Sweepstakes begins at 12:00:00 a.m. Eastern Time (“ET”) on August 6, 2018 and ends at 11:59:00 p.m. ET on August 20, 2018 (the “Sweepstakes Period”). Uber’s computer is the official timekeeping device for entry in the Sweepstakes.
- How To Enter The Sweepstakes: During the Sweepstakes Period, use the App to enter the the promo code EDSHEERANFAR in the “Add Promo Code” section of the Uber App to receive one (1) entry into the Sweepstakes. An Uber account is required, and can be obtained at no cost at uber.com or by downloading the app from the appropriate app store.
Limit one (1) entry per person, per Uber account throughout the Sweepstakes Period. Entries received in excess of this stated limitation will be void.
All entries must be received by no later than the end of the Sweepstakes Period, regardless of method of entry. When submitting an entry, Entrant is required to provide complete and truthful information. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Uber’s sole and absolute discretion. Entries submitted by persons who do not meet the eligibility requirements (including all requirements with respect to age and residence) 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.” All entries are the property of Uber and will not be acknowledged or returned.
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.
- Prize (1): One (1) Winner (as defined below) will receive the following prize: Two (2) P1 tickets to the October 17, 2018 Ed Sheeran Fargo, ND concert, and a round-trip Uber ride to and from the concert venue, up to $50 off each way (each pair of tickets together with the round-trip Uber ride is the “Prize”). The total approximate total retail value of the Prize is $298.
Uber reserves the right to deny any Winner access to any event or component of the Prize if, in Uber’s sole discretion, the Winner’s behavior or the behavior of such individual’s guest(s) is disruptive, belligerent, abusive, intended to annoy, threaten or harass, or not in the spirit of the Sweepstakes. If for any reason the Prize is unavailable or a Prize or related event 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 Winners. 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. Winners agree 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 and guest 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 each Winner and guest (regardless of whether the prize, in whole or in part, is used).
- Winner Selection and Notification: One (1) potential Winner will be selected in a random drawing by Uber from all Eligible Entries on or about August 21, 2018. The potential Winner will be notified by phone (at the phone number provided with the entry or associated with each potential Winner’s Uber account), and will be required to confirm their email address and/or phone number. Details will follow via email. Tickets will be left at the will-call window of the ticket office at the venue.
Winner and guest must comply with all venues’ rules and regulations; failure to do so may result in forfeiture of Prize. Transportation to and from the venue (above and beyond the round trip Uber ride for up to $50 included in the Prize) and any and all corresponding accommodations will not be provided by Uber and will be each Winner’s (and their guests) sole responsibility. Tickets must be used on the date specified by Uber. Tickets are subject to certain terms and conditions as specified thereon. In the event Uber is unable to provide any portion of a Prize, no compensation or substitution will be provided in lieu thereof; however, remainder of prize package will be awarded and Uber will have no further obligation to Winner. All guests must be at least 18, unless the child or legal ward of Winner, and must sign a documents designated by Uber (which may include liability/publicity release, affidavit of eligibility and/or W9) prior to participation in the Prize. If guest is child or legal ward of Winner, such child or legal ward must by five years of age or older. Winner must sign and return release on behalf of such child or legal ward.
Uber reserves the right to deny any Winner access to any event or component of the Prize if, in Uber’s sole discretion, the Winner’s behavior or the behavior of such individual’s guest(s) is disruptive, belligerent, abusive, intended to annoy, threaten or harass, or not in the spirit of the Sweepstakes. Under such circumstances, the individual (and/or guest) may be asked to leave and may forfeit all remaining portions of the Prize and an alternate individual may be selected, time permitting.
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 to confirm their email address within twenty-four (24) hours (or such other time specified by Uber) from when the initial notification 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 will be selected. Uber, in its sole discretion and time permitting, will attempt to contact up to three (3) potential Winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any 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, such 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.
- Winner Verification: The potential Winners may 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 any 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 will be chosen in a random drawing from among all of the remaining Eligible Entries.
Provided that each potential Winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as the Winner (each, a “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.
- 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 Winners, 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 Winners, in the announcement of the Prize and Winners, 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 A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
- Grant of Rights. Except where prohibited by law, by entering the Sweepstakes and/or winning the Prize, Entrant irrevocably consents to the use of their 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 their name on a winner’s list. Please note that Uber may not acknowledge or return any entries.
- 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.
- 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.
- 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, 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.
- 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(s) of a Sweepstakes to those who request it. For the names of Winners: (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 names of the Winners must be received within two (2) weeks of the end of the Sweepstakes Period.
- 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.