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 PROMOTION. AMONG OTHER THINGS, THESE TERMS AND CONDITIONS INCLUDE LIMITATIONS OF YOUR RIGHTS AND REMEDIES.
UBERSERENADE PROMOTION TERMS AND CONDITIONS
- The UberSERENADE promotion as detailed in these terms and conditions (the “Promotion”) is open to all individuals aged 18 years or over excluding the employees and immediate families of the Promoter and its affiliated companies, agents or other persons professionally connected with the Promotion.
- By taking part in this Promotion all participants will be deemed to have accepted and be bound by these terms and conditions.
- The Promotion offers Uber account holders in Stockholm, Gothenburg and Malmö (a “Participant”) between 14.00 and 18.00 local time on 14 February 2017 (the “Promotion Period”) the opportunity to request, subject to availability an UberSERENADE vehicle through the Uber smartphone application.
- The Promotion is subject to these terms and conditions and any limitations imposed by the Promoter, including but not limited to availability of UberSERENADE vehicles, and the availability of participating third party partner-drivers operating using the Uber platform.
- To take part in the Promotion, a Participant must have a smartphone with GPS capability, have downloaded the Uber app at https://get.uber.com/sign-up/, registered and have active Internet connection. No purchase necessary. The terms and conditions at https://www.uber.com/legal/terms/se/ continue to apply to the extent applicable to this Promotion. Any personal data relating to participants will be used in accordance with the terms and conditions of the Uber app.
- To take part in the Promotion each Participant must also:
- be located in Stockholm, Gothenburg or Malmö, Sweden (each a “Participating City”);
- use the Uber app, sliding to the “UberSERENADE” vehicle view; and
- follow the prompts to request an UberSERENADE vehicle via the Uber app during the Promotion Period (a “Delivery”).
- answer any calls made to the telephone number provided by the Participant and instruct the partner-driver of the UberSERENADE vehicle to what person (the “Recipient”) and at what location within a Participating City the Participant wishes to send the UberSERENADE vehicle.
- Uber will use reasonable endeavours to operate at least one (1) UberSERENADE vehicle in each Participating City during the Promotion Period.
- Each Delivery will comprise a request for a performance by an artist (the “Artist”) at a chosen location within the Participant’s Participating City. A Delivery is free and no payment is needed.
- The Participant’s participation in the Promotion and ability to request a Delivery is subject to any limitations imposed by Uber including, but not limited to, the availability of the UberSERENADE vehicles to provide a Delivery.
- If the Recipient is not at the designated location within 5 (five) minutes of the driver’s arrival, the driver may cancel the Delivery. Each Participant may only request one (1) Delivery.
- No responsibility will be taken by the Promoter for failure to participate in the Promotion due to a technical, telecommunication or website error of any kind.
- The Promoter reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the participation process or otherwise attempts to interfere with, undermine or harm the Promotion.
- If for any reason the Promotion is not capable of running as planned for reasons (including but not limited to mechanical failure of the UberSERENADE vehicle, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion) the Promoter reserves the right to cancel or alter the Promotion in its sole discretion. Participants acknowledge that the Promoter is not liable or responsible if any part of the Promotion is cancelled, varied or rescheduled for any reason. If this means that the Participant cannot book an UberSERENADE vehicle, or the Recipient does not receive a Delivery after successful request of an UberSERENADE vehicle by the Participant, the Promoter shall be under no obligation to provide anything in substitute.
- Each Delivery is non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part. Any decisions of the Promoter in relation to the Promotion or any Delivery is final and no correspondence will be entered into.
- The Promoter accepts no responsibility in relation to the conduct of the driver of the UberSERENADE vehicle or the Artist at any time before, during or after a Delivery.
- Participants whose requests are accepted may be required to take part in related publicity, which may include the publication of the Participant’s name and photograph in any media.
- Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded by the Promoter. Insofar as is permitted by law, the Promoter, its group companies, employees, officers, agents or distributors will not in any circumstances be responsible or liable to compensate a Participant or 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 a Participant’s participation in the Promotion, 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 its affiliates have been advised of the possibility of such loss, damage, personal injury or death. A Participant’s statutory rights are not affected.
- In the event that any provision of these terms and conditions are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect. The 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 Promotion–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.
- These terms and conditions shall be construed in accordance with and governed by the laws of the Netherlands.
- The Promoter of this Promotion is Uber BV., of Vijzelstraat 68-78, 1017 HL Amsterdam, Netherlands.
Posted by Oscar S
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