OFFICIAL RULES FOR UBER EVENTS

Uber B.V. (“Uber”) will conduct the Uber event (the “Event”) substantially as described in these rules. By entering or participating, each entrant or participant (“Entrant”) agrees to these official rules (the “Official Rules”) and the decisions of Uber, which are final and binding in all respects.

  1. Eligibility: Unless otherwise specified, the Event is open only to persons (i) who are eighteen (18) years of age or older at the time of entry and are permanent residents of Macau; (ii) who have an active e-mail account and Internet access prior to the beginning of the Event Period; and (iii) who is registered as a rider on the Uber platform in Macau (as the case may be) and has taken at least one successful ride.  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, Uber partners and their drivers, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Event (collectively, the “Event Entities”) are not eligible to enter.
  2. How To Enter:  The Event will begin at 8:00 p.m. on 15 February 2016 and end at 11:59 p.m. on 18 February 2016 (the “Event Period”). The Event is entered into by an Entrant entering the promotional code “UberxSCEC” in the Uber mobile application and taking at least one ride during the Event Period. Each ride taken by an Entrant is treated as one entry. If an Entrant refers a new user to Uber and the new Uber user uses the Entrant’s referral promotional code to take a ride during the Event Period, then the Entrant is considered to have made three more entries. Uber’s computer is the official timekeeping device for entry in the Event.

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 Event 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 Entrants who are not disqualified are considered “Eligible Entrants”.

By entering the Event, 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 laws, rules and regulations. Receiving the Gift is contingent upon fulfilling all requirements set forth in these Official Rules.

  1. Gift:  The gifts of the Event will be two (2) packages, available to two (2) Successful Riders. Each package includes: (a) two tickets to the “Madonna Rebel Heart Tour” concert on 21 February 2016 (the “Concert”) in Studio City Macau (the “Venue”) worth up to MOP 17,776 in total; and (b) up to two (2) round trip Uber rides to and from the Venue from anywhere in Macau. The total approximate total retail value of the Gifts is as specified by Uber.

If for any reason the Gifts, or any part of a Gift, is unavailable or a Gift or related event is delayed, cancelled or postponed, or for any other reason, Uber reserves the right to modify the Event in its sole discretion and award a substitute gift, or portion of gift, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Gift, or any portion thereof, is permitted by the Successful Rider.  Uber and the Event Entities shall have no responsibility or obligation to a Successful Rider who is unable or unavailable to, or who does not for any reason, accept or utilize a Gift. In the event a potential Successful Rider cannot accept the Gift, Uber will decide who will be awarded with the Gift.  All costs and expenses not specifically listed above as part of the Gift are solely the Successful Rider’s responsibility.  Successful Riders agree to comply with any additional terms and conditions applicable for attending the Event. The Gifts are provided “as is”. Entrants acknowledge that Uber and the Event 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 Gifts, including any implied warranty of merchantability of fitness for a particular purpose.

The value of the Gift may be taxable to the Successful Rider as income. All tax liability, and any other costs and expenses associated with acceptance or use of the Gift not specifically provided for in these Official Rules are solely within the Successful Rider’s responsibility (regardless of whether the gift, in whole or in part, is used).

  1. Successful Rider Selection and Notification:  The “Successful Riders” of the Event will be determined according to the method specified by Uber at Uber’s sole and exclusive discretion.

Uber’s appointed judges (“Judges”) will select the Successul Riders by applying the judging criteria as specified by Uber (collectively, “Criteria”).The Successful Riders will be selected based on the Criteria. The decisions of the Judges will be final on all matters relating to the judging.

The Gift will be awarded to the authorized account holder of the email address registered on the Uber rider account in which the promotional code was entered. The authorized account holder is the person who is assigned to the e-mail address by an Internet service provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses.  The Successful Riders will be notified on or around 19 February 2016 by email (at the email address registered on the Uber platform), by phone (at the phone number registered on the Uber platform), or such other method specified by Uber, and will be required to confirm their email addresses and/or phone numbers.

Additionally, Uber and the Event Entities reserve the right to make a public announcement, announcing the Successful Riders 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.  If a Successul Rider cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within one (1) day (or such other time specified by Uber) from when the initial notification email is sent, the Successful Rider forfeits the Gift, and an alternate Successful Rider will be selected.  If the alternate Successful Rider does not comply with these Official Rules or is otherwise unable to accept the Gift, the Gift is forfeited and another alternate Successful Rider will be selected.  This Successul Rider selection and notification process shall be continued until a Successful Rider is confirmed.  If the Gift or a gift notification is returned as undeliverable, the Gift will be forfeited and an alternate Successul Rider will be selected.

  1. Successful Rider Verification: Uber may, in its sole discretion, require the Successful Riders to prove eligibility and verify his or her identity to the satisfaction of Uber.

If a Successul Rider (or any Successful Riders) is unable to prove eligbility within the time given and/or in the event of non-compliance by a Successful Rider (or alternate Successful Rider), such Successful Rider (or alternate Successful Rider) shall be disqualified and shall forfeit the gift, and all privileges otherwise due as a Successful Rider shall be terminated and an alternate Successful Rider will be chosen in a random drawing from among all of the remaining Eligible Entrants.

Provided that the Successful Riders are in compliance with the Official Rules and after having successfully proven eligibility, the Successful Riders will be officially confirmed as the Successful Riders.  Uber expressly reserves the right to delay the announcement of the Successful Riders for any reason it deems necessary.  In addition, Uber reserves the right to select an alternate Successful Rider in the event that any Successful Rider fails to comply with these Official Rules.

  1. Liability Release and Indemnity:  NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE UBER’S LIABILITY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR (2) FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE LAST SENTENCE, THE GIFT IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY UBER OR ANY EVENT ENTITY, EITHER EXPRESS OR IMPLIED.  IN NO EVENT WILL UBER OR ANY EVENT 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 EVENT, 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 EVENT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

By entering the Event, Entrant agrees to indemnify, defend, and hold harmless, Uber and any other Event 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 Event, (ii) without limitation, property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Gift, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Event or acceptance and use or the Gift, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Event, the Gift, or Uber’s advertising and marketing related to the Event, Entrants or the Successful Rider, in all cases, including but not limited to:  (a) unauthorized human intervention in the Event; (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 Event 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 Event), which may be caused, directly or indirectly, in whole or in part, from Entrant’s receipt or use of any gift (including, without limitation, any travel or Uber trips or rides taken by Entrant in connection with using the Gift).  Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Event, or the acceptance, receipt, or use of the Gift or any Gift component.  Entrant further agrees that in any cause of action, Uber and/or the Event Entities’ liability will be limited to the value of the Gift, and in no event shall the Event Entities be liable for attorney’s fees. The indemnity in this clause shall be capped at HK$50,000.

Uber and the Event 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 Event, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Event, or other errors appearing within the Official Rules or in the Event related advertisements. Uber and the Event Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Event, errors in processing entries, identifying the Successful Riders, in the announcement of the Gifts and Successful Riders, the delivery of the Gifts, 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 Event.  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 Event; (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 Successful Rider, Uber or the Event Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Event; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A SUCCESSFUL RIDER WILL RESULT IN SUCH SUCCESSFUL RIDER’S DISQUALIFICATION AS A SUCCESSFUL RIDER OF THE EVENT AND ALL PRIVILEGES AS A SUCCESSFUL RIDER WILL BE IMMEDIATELY TERMINATED.

  1. Grant of Rights.  Except where prohibited by law, by entering the Event and/or winning the Gift, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, entry, statements attributed to Entrant (if true) and any video footage related to the Gift, for all Event 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 Event Entities putting his or her name on a Successul Riders’ list.  Please note that Uber may not acknowledge or return any entries.
  2. General Terms.    The Event Entities are not responsible if the Event cannot take place, or if the Gifts 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 Event Entities.  If, for any reason the Event 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 Event Entities, which, in Uber’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Event, Uber reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Event or any part of the Event. If the Event or any part of the Event is terminated or modified prior to the closing of the Event 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 Event Period for clarification purposes.

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

    1. 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 User Privacy Policy available at: https://www.uber.com/legal/privacy. By participating in the Event, 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.  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.
    2. Binding Arbitration:  Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE EVENT OR ANY GIFT 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 Event or any gift awarded shall be resolved by binding arbitration administered by the International Court of Arbitration (“ICC”) in accordance with the ICC Rules of Arbitration then in effect (“Rules”) with the seat and venue of arbitration in Amsterdam, Netherlands; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the Rules; (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.
    3. Governing 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 Event, shall be governed by, and construed in accordance with, the laws of the Netherlands.
    4. Accessibility of Official Rules:  A copy of the Official Rules is available via www.uber.com or upon written request. Where required by law, Uber will provide the name of the Successful Riders of the Event to those who request it.