Terms and Conditions
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING. YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS AND AGREED TO BE BOUND BY THEM WHEN PARTICIPATING IN THIS COMPETITION. AMONG OTHER THINGS, THESE TERMS AND CONDITIONS INCLUDE LIMITATIONS OF YOUR RIGHTS AND REMEDIES AS WELL AS AN ACCEPTANCE TO PROCESSING OF PERSONAL DATA.
Eligibility & How to Participate
- The Uber “Gye Wo Two ” competition (the “Competition”) will begin on 12:01 AM Monday, 11 November, 2019 and end on 11:59 PM Sunday, 5 January, 2020 Greenwich Mean Time (GMT) (the “Competition Period”), and is open to all driver-partners with active accounts in Accra and Kumasi, except employees of the Promoters, their families, agents or any third party directly associated with the administration of the Competition. Proof of age and/or identity and/or residency may be required. Entry to the Competition is free.
- Each individual that participates in the Competition in accordance with these Terms and Conditions is a “Participant” for the purpose of these Terms and Conditions. Each Participant that accepts a Prize and or Prizes in accordance with these Terms and Conditions is a “Winner” for the purpose of these Terms and Conditions.
- Participants who are either flagged for fraud or deactivated during the Competition Period will be disqualified from participating in the Competition.
- Participants flagged for dangerous or tired driving during the Competition Period will be disqualified from participating in the Competition.
The Competition and How to Win:
- The Competition will run on Weekly competition cycles from 00:00:00 am Monday to 23:59:59 pm, Sunday of each week of the Competition Period. For ease of reference:
|Cycle 1||00:00:00 am on Monday, 11th of November 2019 to 23:59:59 pm on Sunday 17th of November 2019|
|Cycle 2||00:00:00 am on Monday, 18th of November 2019 to 23:59:59 pm on Sunday 24th of November 2019|
|Cycle 3||00:00:00 am on Monday, 25th of November 2019 to 23:59:59 pm on Sunday 1st of December 2019|
|Cycle 4||00:00:00 am on Monday, 2nd of December 2019 to 23:59:59 pm on Sunday 8th of December 2019|
|Cycle 5||00:00:00 am on Monday 9th of December 2019 to 23:59:59 pm on Sunday 15th of December 2019|
|Cycle 6||00:00:00 am on Monday 16th of December 2019 to 23:59:59 pm on Sunday 22nd of December 2019|
|Cycle 7||00:00:00 am on Monday 23rd of December 2019 to 23:59:59 pm on Sunday 29th of December 2019|
|Cycle 8||00:00:00 am on Monday 30th of December 2019 to 23:59:59 pm on Sunday 5th of January 2020|
- In respect of each weekly competition cycle, the Winners shall be the Participants who complete the highest percentage of accepted trips during the relevant cycle (“Weekly Winner”), where such Participant has:
- Completed a minimum of 50 trips within the weekly cycle;
- Accepted a minimum of 90% of the trips received during the weekly cycle;
- Cancelled no more than 2.5% of trips
- Has a minimum rating of 4.7 during the weekly cycle.
- At the end of the Competition Period, the Winners shall be the two (2) Participants in Accra and one (1) Participant in Kumasi who complete the highest percentage of accepted trips during the Competition Period (“Competition Winner”), where such Participant has:
- completed a minimum of 60 trips per week during the Competition Period;
- accepted a minimum of 95% of the trips received during the Competition Period;
- Maintained a maximum cancellation rate of 2.499%
- completed a minimum of 95% of all trips accepted during the Competition Period; and
- Has a minimum rating of 4.85 during the Competition Period.
- Weekly prizes of televisions, mobile phones, or fuel vouchers (the “Weekly Prizes”) will be offered at the Promoter’s sole discretion. Weekly Winners shall be ineligible to receive a Weekly Prize for a subsequent weekly cycle.
- Competition Winners will be offered one Suzuki Dzire and Suzuki Alto for Accra and a Suzuki Alto for Kumasi (the “Grand Prizes”).
- The Weekly Prize and Grand Prizes are jointly referred to as “Prizes” for the purposes of these terms and conditions.
- The Promoter reserves the right to replace the Prizes (or any part of them) with alternative offerings of equal or higher value if circumstances beyond the Promoter’s control make it impossible for the Promoter to provide the Prizes. Prizes are non-exchangeable, non transferable and not for sale, and no substitution by the Winner or a Participant and no cash alternative is offered. Please note that any possible taxes and/or additional costs attributable to Prizes shall be paid by the Winner.
- Each Weekly Winner will be notified by email and/or telephone on the Thursday after each week and, if Winner chooses to accept a Prize, will be provided with details of how to accept their Prize. If a Winner does not accept a Prize by January 15th, 2020 then the Prize will be forfeited and the Winner shall not be entitled to any form of compensation from the Promoter.
- Only trips accepted and/ or completed in Accra and Kumasi shall be considered for the purpose of the Competition.
- Each Winner who accepts the Prize will be announced on the Uber website, Uber driver-partner newsletter, and/or social media accounts.
- The Promoter accepts no responsibility for entries to the Competition not successfully completed due to a technical fault, technical malfunction, satellite, network or server failure of any kind.
- The Promoter assumes no responsibility for any typographical or other error in the administration of the Competition, errors in processing entries, identifying the Winners or Participants, in the announcement of the Winners or Participants, or the delivery of the Prizes.
- The decision of the Promoter regarding any aspect of the Competition is final and binding and no correspondence will be entered into about it.
- Participants are deemed to have accepted and agreed to be bound by these Terms and Conditions upon entry. The Promoter reserves the right to refuse entry, or refuse to award the Prize to anyone in breach of these Terms and Conditions. Extensions of deadlines are not permitted at any time.
- The Promoter reserves the right to hold void, cancel, suspend, or amend the Competition (or any aspect of it) where it becomes necessary to do so.
- Insofar as is permitted by law, the Promoter, their agents or distributors will not in any circumstances be responsible or liable to compensate a Winner or a Participant, accept any liability (whether direct, indirect, special, incidental, exemplary, punitive or consequential) for any loss, damage, personal injury or death arising out of or in connection with any participant’s participation in the Competition, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not the Promoter or their affiliates have been advised of the possibility of such loss, damage, personal injury or death. Your statutory rights are not affected.
- Any liability of the Promoter arising in connection with the Competition shall be several and Promoter accepts no joint and several liability in connection with the Competition.
- A Winner or Participant who accepts a Prize may be required to participate in publicity related to the Competition. By taking part in the Competition you accept that your name and/or photograph may be used by the Promoter to announce the Winners and to promote itself in any media and in any format.
- Any personal data entered through submissions within the Competition and further information provided in relation to the reception of the Prizes will be used solely for the purposes set out in these Terms and Conditions. The personal data will only be processed (i.e. to handle the submissions, contact the Winners and Participants, administrate the Prizes and for marketing purposes) in accordance with applicable data protection legislation. The Promoter will be data controller for the entered personal data. You are entitled to, once per year and free of charge, upon a signed request submitted to the address set out below, receive information about what personal data about you that the Promoter is processing, as well as information on the extent and purpose of such processing. The Promoter is also obliged to, at your request, correct any personal data about you that is incorrect, incomplete or misleading. The personal data will not be disclosed to any third party suppliers, except that it may, during the course of this Competition, be passed on to third party suppliers if required for fulfillment/delivery/arrangement of a Prize.
- The invalidity or unenforceability of any provision, or part thereof, of these Terms and Conditions will not affect the validity or enforceability of any other provision or part thereof. In the event that any provision, or part thereof, of these Terms and Conditions is determined to be invalid or otherwise unenforceable or illegal, the other provisions, or parts thereof, will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Promoter’s failure to enforce any term of these Terms and Conditions will not constitute a waiver of that term or any other provision of these Terms and Conditions.
- In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Competition–related materials and these Terms and Conditions, these Terms and Conditions shall prevail, govern and control and the discrepancy will be resolved in Promoter’s sole and absolute discretion.
- Except where prohibited by law, Participants agree that any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to the Competition shall be resolved individually, without resort to any form of class action, and shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Mediation Rules (ICC Mediation Rules). If the said dispute has not been settled within sixty (60) days after a request for Mediation has been submitted under the said ICC Mediation Rules, such dispute shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules’ Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be Amsterdam, The Netherlands. The language of the arbitration shall be English.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participants and the Promoter or their affiliates in connection with the Competition, shall be governed by, and construed in accordance with the laws of England and Wales.
The Promoter of this Competition is Uber B.V., of Meester Treublaan 7, 1097 DP Amsterdam, Netherlands, which may be contacted in relation to the processing of personal data or other inquiries through the following Uber app or www.help.uber.com.