Canada Holiday Program Contest Official Rules

Holiday Program Contest Official Rules

OFFICIAL RULES

Uber Castor Canada Inc. (“Uber”) is sponsoring the Holiday Program 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. Live Nation Canada, Inc., is not a sponsor of the offer and is in no way responsible for the administration of the offer, and the verification of qualified grocery purchases. All inquiries regarding the offer should be directed to Uber. Live Nation is a registered trademarks of Live Nation Worldwide, Inc.

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: The Contest is open only to legal Canadian residents, residing within Canada who are 18 or 19 years of age or older, depending on the age of majority of the province or territory of the Entrant, at the time of entry.  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 and their affiliated companies, parent companies, subsidiaries, participating promotional partners, prize providers, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Contest (collectively, the “Contest Entities”) are not eligible to enter. The Contest is subject to all applicable federal, provincial, and local rules, laws, and regulations.  

2. Contest Period: The Contest begins at 12:00:00 a.m. Eastern Time (“ET”) on November 27, 2023 and ends at 11:59:00 p.m. ET on December 3, 2023 (the “Contest Period”) after which time the Contest will be closed and no further entries will be accepted.  Uber’s computer is the official timekeeping device for entry in the Contest.  

3. How To Enter:  During the Contest Period, there are two  (2) ways to enter the Contest:

* Merchants under the grocery section of the Uber Eats App

Each entry method results in one entry. Limit one (1) entry per person throughout the Contest Period, regardless of method of entry.  Entries received in excess of this stated limitation will be void.

All entries must be received by no later than the end of the Contest Period. 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 Contest 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.  If for a reason a potential Winner forfeits the Prize or their entry is disqualified, if time allows, the Prize may be won again by a potential Winner, or might not be awarded in this Contest, at Uber’s sole discretion.

By entering 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; (c) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agrees that Uber or their designee(s) may fulfill the Prize to the Winner, and that Uber or the Winner, may need to directly or indirectly share their information with a third party strictly for Prize fulfillment purposes. Winning the Prize is contingent upon fulfilling all requirements set forth in these Official Rules.

4.  Prize:  Ten (10) Winners (as defined below) will each receive the following prize: 

The total CAD approximate retail value of the Prizes is $5,000. ONLY ELEMENTS OF THE PRIZE DESCRIBED ABOVE ARE BEING AWARDED TO WINNER. 

Failure to provide any information as requested by the time specified by Uber or their designee for Prize fulfillment purposes, may result in Winner’s disqualification or forfeiture of the Prize. A refund or cash equivalent will not be provided to Winner in the event that the actual retail value of the Prize is different from the stated approximate retail value. If for any reason the Prize is unavailable, 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.  Uber and/or any Contest Entity 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. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winners.  Uber and the Contest 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 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.

5.  Winner Selection and Notification:  Ten (10) potential winners will be selected in a random drawing by Uber from all Eligible Entries on or around 12 noon PST on December 17, 2023.  “Random drawing” refers to any method of random selection among the eligible entries and does not necessarily involve a physical drawing. The potential winner will be notified by email (associated with the Uber account used at the time of entry), 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 to confirm his/her 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. 

6.  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 may be required to complete and sign an Affidavit of Eligibility and Liability and Publicity Release, and the eligibility of the potential winner will be verified. 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. Before a potential Winner is confirmed a Winner, the potential Winner must correctly answer a mathematical skill-testing question and without assistance, including a calculator or other mechanical assistance, or the assistance of another person. Failure to correctly answer a skill-testing question means that the potential Winner forfeits the Prize.  If you become a potential Winner of the Contest, you will be presented with the skill-testing question referred to above by email.  If you correctly answer the question and execute the requested documentation, as required (and satisfy all other legal requirements), you will become a Winner.  

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 Winners (each, a “Winner”).  Uber expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary.  

Additionally, Uber and the Contest Entities reserve the right to make a public announcement, announcing the Winners 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.

7.  Liability Release and Indemnity:  THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY UBER OR ANY CONTEST ENTITY, EITHER EXPRESS OR IMPLIED.  IN NO EVENT WILL UBER OR ANY CONTEST 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 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 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, including any travel/activity related thereto, (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 Winners, 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, misdirected or undeliverable entries or prize notifications; (e) errors in the administration of the Contest 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 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 (including, without limitation, any purchases through the Uber platform 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 Contest, 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 Contest Entities’ liability will be limited to the value of the Prize, and in no event shall the Contest Entities be liable for costs or counsel’s fees.

Uber and the Contest 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 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 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 Contest.  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 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.  By entering the Contest 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 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 winner’s list.  Please note that Uber may not acknowledge or return any entries.

9.  General Terms. 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, labour 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 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 COUNSEL’S 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 website Terms and Conditions accessible at: https://www.uber.com/legal/terms and Uber’s User 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 with the entry, and acknowledges that he or she has read and accepted the Uber User Privacy Policy.  

11.  Governing Law:   All federal, provincial and municipal laws and regulations apply.  Subject to the rights granted to Entrants herein and by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an Entrant and Uber is connection with the Contest, all be governed by, and construed in accordance with Ontario law without giving effect to any choice of law or conflict of law (whether of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Ontario.  Any dispute shall be adjudicated by the courts sitting in Toronto, Ontario.

12. Intellectual Property: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials web pages, source codes, images, drawings, illustrations, slogans and representations are owned by Uber and Live Nation, as applicable. All rights reserved.  Unauthorized copying or use of any of Uber or Live Nation’s intellectual property without the express written consent is strictly prohibited.

13.  Sponsored and Administered by:  Contest subject to these Official Rules are sponsored and administered by Uber Castor Canada, Inc., 121 Bloor Street East, Suite 1600, Toronto, Ontario  M4W 3M5

14. Social Media Terms:  Entrant completely releases Facebook, Instagram and X and acknowledges that the Contest is in no way sponsored, endorsed or administered by or associated with them.