TERMS AND CONDITIONS OF THE REFERRAL CONTEST

UBER B.V., a company with registered seat in Netherlands, Treublaan 7, 1097 DP Amsterdam, registered under registration number 56317441 (hereinafter: the “Organizer”) hereby enacts the following:

TERMS AND CONDITIONS OF THE REFERRAL CONTEST

(hereinafter: the „Terms“)

1. General

1.1 The Organiser organizes the Referral Contest (hereinafter: the „Contest“) and by these Terms, the Organiser governs the terms and conditions for participation in the Contest, deadlines for awarding prizes and other matters important for facilitating the Contest and participation in the Contest.

1.2 In order to enter the Contest, you must agree to the Terms. Therefore, please read these Terms prior to entry to ensure you understand and agree. You agree that participation in the Contest constitutes agreement to these Contest Terms. You may not participate in the Contest and are not eligible to receive the prizes described in these Terms unless you agree to these Terms. These Terms form a binding legal agreement between you and the Organizer with respect to the Contest.

2. The Purpose of the Contest

2.1 The Purpose of facilitating the Contest is the promotion of the Organiser’s business in the Republic of Croatia.

2.2 The Terms of the Contest shall be published on https://www.uber.com/en-HR/blog/terms-and-conditions-of-the-referral-contest and shall be available to active Uber partner drivers through their Uber application, or shall be sent to the Uber active drivers by direct messages sent by the Organiser as well as on other means of communication approved by Participants.

3. Duration of the Contest

3.1 The Contest shall start on the 31st of May 2019 at 00:00 a.m. (CET) until 11:59 p.m. (CET) on 11th July 2019 (“Contest Duration”).

4. Participation in the Contest

4.1 All active Uber partner drivers which use the Uber application for providing taxi services to the users of the Uber App have the right – but not the obligation – to participate in the Contest (hereinafter: the „Participants“).

4.2 All active Uber partners drivers can be Participants to the Contest regardless of their individual characteristics and/or differences. The Contest shall be conducted according to the relevant Croatian laws and all persons can participate according to the applicable Croatian legislation. The Organiser encourages the involvement and equality of all Participants and the selection of the winners of the Contest will be carried out transparently in accordance with the provisions of these Terms without any discriminatory treatment.

4.3 The Employees of the Organiser and affiliates of the Organiser and the members of their immediate families must not participate in the Contest or be winners of the Contest.

5. The Mechanics of Participation in the Contest

5.1 The goal of the Contest is to successfully and in compliance with these Terms refer as many individuals as future partner drivers as possible (“Goal”).

5.2 In order to achieve the Goal, a Participant must distribute his/her individual referral code, which is available to every partner driver via the Uber App (“Referral Code”) to potential future partner drivers identified by the Participant and all of the following steps need to be completed cumulatively (“Task”):

5.2.1 Every individual that received a Referral Code and there with was invited by a Participant to become a partner driver (“Invitee”), must register with the Organizer. In the registration process (available via the website partners.uber.com and Uber Driver App) the Invitee must enter the Referral Code it received from the Participant. By this and subject to the Organizer accepting the registration, the Invitee opens an Uber account.

5.2.2 In order to complete a Task, the Invitee (after having successfully registered for an Uber account) must achieve the following before the end of the Contest Duration:

5.3 The three Participants with the most Invitees that successfully completed the Task as described above shall be the winner of the Contest. The Participant with the overall highest amount shall be the first winner, the Participant with the second highest amount shall be second winner and the Participant with the third highest amount shall be third winner.

5.4 In the event, that (a) at least two of the three winners have achieved the same amount of successful referrals and/or (b) because of two or more Participants having achieved the same amount, more than three winners exist, the ranking amongst such Participants with the same amount is determined by the time factor, meaning that a Participant whose last Invitee had successfully completed the Tasks the earliest will rank before a Participant with the same amount but whose last Invitee had completed the Tasks at a later point in time.   In case 2 (two) or more Participants accomplish the Task with the same amount at the same time, the Prize will be shared between such Participants in a proportional manner.

6. The Prize

6.1 The prizes will be assigned by the Organizer to the winners in accordance with the ranking in descending order and will be provided to the winners directly by the Organizer. One prize per winner. The total prize fund amounts to HRK 50,000.00 for 3 winners and the total prize fund shall be allocated to 3 winners as follows:

(each, individually, a “Prize”)

6.2 Prizes shall be paid and Participants that win the Contest will be entitled to request the payment of the prize without any delay after being notified.

6.3 Participants that win the Contest are obliged to attend the award winning ceremony and the introduction of the symbolic vouchers, which will be photographed and recorded by other video / multimedia recordings that the Organiser is authorized to use for marketing and promotional purposes. The Organiser is entitled to request a refund of the paid prize and compensation of the suffered damages from the winner that fails to attend the award winning ceremony and introduction of the symbolic vouchers.

6.4 The Prize and the right to the Prize are non-transferable and cannot be exchanged for other goods or services. 

7. Taxes 

7.1 The winners must fully understand that by redeeming and receiving a prize, she/he is obliged to comply with tax legislation of Croatia and pay the applicable tax. Each winner is solely liable for any and all taxes applicable to the receipt of the Prize and the Organizer incurs no liability in respect thereof.

8. Privacy

With regards to the participants, who are registered partner drivers, no additional data collection is required for participation in this Contest. For the Contest, Uber’s privacy policy applies.

9. Costs

9.1 Organiser of the Contest shall bear costs of procuring and safekeeping the Prize until it is paid to the winners, and winner shall bear all the costs related to the payment, transfer, registration, bank fees, taxes, contributions and other expenses, if applicable.

9.2 In the later moment of the moment when the winners take-over the Prize, from the signing of the confirmation on the Prize take-over or through the expiration of the additional term to take-over the Prize (which term expires 15 days after the Participants winners receive the notice on winning of the Prize) all the obligations and liabilities of the Organiser towards the winners shall terminate.

10. Warranties and Indemnities

10.1 To the maximum extent permitted by law, Participant indemnifies and agrees to keep indemnified Organizer at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Participant agrees to defend, indemnify and hold harmless Organizer from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any misrepresentation made by Participant in connection with the Contest; (ii) any non-compliance or improper understanding by Participant of these Contest Terms; (iii) acceptance, possession, misuse or use of any prize.

11. Cancellation of the Contest

11.1 Organiser may terminate the procedure of the Contest and terminate / call-off the Contest, in case of vis major or if the Organiser would determine infringements or unlawful tampering on the Contest procedures by third persons, of which Organiser was not aware nor could be aware at the moment of organising the Contest, and if such circumstances may prevent the Organiser to conduct the Contest in accordance with these Terms.

12. Notifications and Technical Requirements

12.1 All notices, publications, letters and other communication conducted in the electrical manner in accordance with these Terms shall be considered as orderly delivered and published on the same day if they have been sent or published before 7.00 p.m. (CET) , or they shall be considered as orderly published and delivered on the following day if sent or published after 7.00 p.m (CET).

12.2 Letters sent in a written material form through regular mail, small be considered orderly delivered on the delivery date with the recipient, due to which such mails shall be sent with registered mail and with confirmation of receipt (AR) to be considered as orderly sent and delivered in accordance with these Terms.

12.3 When these Terms are referencing days, such reference shall include only days in which banks are open and operating in Republic of Croatia (thus excluding any and all bank holidays in Republic of Croatia). In case any term or deadline would expire on the bank holiday, such term and deadline shall be postponed to expire on the first next business day.

12.4 Organiser shall not be liable for:

13. Disputes and Governing Law

13.1 By participating in this Referral contest, each Participant accepts all the rights and obligations stipulated in these Terms.

13.2 Disputes which are not resolved amicably, shall be subjected to the jurisdiction of the authorised court in Zagreb.

13.3 These Terms and the Contest shall be governed in accordance with laws of Republic of Croatia.

13.4 These Terms have been prepared in English and Croatia versions. In case of any discrepancy between the prepared versions of these Terms Croatian version shall prevail.

14 Enactment

14.1 These Terms shall become effective on the publication date on the Web site of the Organiser on 30th of May 2019.

14.2 By Participation in the Contest all Participants accept all rights and obligations stipulated in these Terms.

14.3 All the references in these Terms that have a gender implication, simultaneously imply to all genres equally and with same effects and do not represent a basis for discrimination.

Organiser of the Contest

UBER B.V.