Shubh Divali Trinidad & Tobago

OFFICIAL “DIVALI TRIVIA” TERMS AND CONDITIONS

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR PARTICIPATION IN THE “DRIVALI TRIVIA” PROMOTION CAMPAIGN.

 By participating in this Promotion, I confirm that I have read, understood and consent to these Terms and Conditions.

 Eligibility Requirements; Participation: The following eligibility requirements and participation criteria apply to you: The Promotion shall commence at 12:00 a.m. on October 16 2017 and will run until 11:59 p.m. of October 19 2017 (the “Promotion Period”). All times are in Trinidad & Tobago Time (AST).

 The Promotion is open to individuals who (i) are a legal resident of Trinidad & Tobago aged 18 years or over, except any director, member, partner, employee or agent of, or consultant to Uber B.V. (“Uber”); and (ii) have opted into the Promotion by applying that day´s Promotional Code into the Uber App.  

Uber accepts no responsibility for submissions not received due to a force majeure event or technical fault including, but not limited to, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.

You understand and agree that you may be photographed and/or videotaped in connection with the Promotion, and you may be asked to participate in related interviews. You agree that Uber may use any photographs, videos, or interview responses obtained, as well as your name and submitted photo, for any purpose, during or after the Promotion, in any media.

 The Divali Trinidad Trivia (“The Trivia”) will be held on a daily basis during the Promotion Period. To make the promotional code effective, the user must: a) read the daily question of the Trivia while taking a ride during the Promotion Period. b) Answer the question correctly. c) Tap on the app menu to go to promotions. d) Add the promotional code placing the letters “TT” before the promotional code. e) Use the promotional code the same day of having answered the question before 11:59 p.m. For example: Question: When lighting deyas, they are traditionally placed on a ______. Answer: BEDI. Use: TTBEDI to get 5% off your next Uber ride.

Winner will be the individuals who answer correctly the questions asked to them in The Trivia while riding with the Uber Platform (“Uber App”) during the Promotion Period. .

Each Winner will be awarded a Prize of a Promotional Code that shall entitle him / her to a discount ranging from 10% up to 25% off on the next Winner Uber ride in cities of Trinidad & Tobago where the Uber App is available.

The Promotional Code will be valid until 11:59 p.m. on the same day from the date that it is awarded to the Winner.

The Promotional Code may be used only once and cannot be combined with any other promotional codes or promotions.

The Promotional Code must be applied before requesting the trip.

The entire redeemable value of the Promotion Code must be used on the first journey and any unused portion will be forfeited.  If the journey cost exceeds the total value of the Promotional Code then the remaining balance will be charged to the registered credit card.

The code cannot be transferred, duplicated or sold and has no cash value.

Successful redemption of the code is subject to the availability of Uber partner-drivers at the time of requesting.

Access to and use of the Uber application will be subject to the standard terms and conditions applicable to all riders who use the platform.

The Prize cannot be transferred, duplicated or sold and has no cash value.

Uber reserves the right to replace the Prize (or any part of it) with an alternative prize of equal or higher value if circumstances beyond Uber’s control make it necessary to do so.

The Prize (or any part of it) are non-exchangeable, non-transferable and not for sale, and no substitution or cash alternative is offered.

 The decision of Uber regarding any aspect of the Competition or Prize is final and binding and no correspondence will be entered into about it.

Uber assumes no responsibility for any typographical or other error in the administration of the Promotion or the Competition, errors in processing entries, identifying the Prize winners, the announcement of the winners or the delivery of the Prizes.

To the extent permitted by law, Uber reserves the right to modify, amend or otherwise change these Terms and Conditions, without any notice, from time to time during the Promotion Period.  Any changes to the Promotion details or these Terms and Conditions will be posted on Uber’s website.

You are deemed to have accepted and agreed to be bound by these Terms and Conditions upon opting into the Promotion. Uber reserves the right to refuse entry or refuse to award the Prize to anyone in breach of these Terms and Conditions and/or applicable laws and regulations of the country in which you reside.

Uber will not in any circumstances be responsible or liable to compensate any individual who is unable to participate in the Promotion or redeem their Prize under the Promotion due to breach of these Terms and Conditions and/or failure to comply with applicable laws and regulations of the country in which you reside.

If there is any reason to believe that there has been a violation (or attempted violation) of these Terms and Conditions, the spirit of these Terms and Conditions, and/or applicable laws and regulations of the country in which you reside, Uber may, at its sole discretion, refuse to process your Prize and/or void your entry to the Competition.  

Extensions of deadlines are not permitted at any time.   

Each winner is solely liable for any and all taxes applicable to receipt of the Prize and Uber incurs no liability in respect thereof.

Uber reserves the right to hold void, cancel, suspend, or amend the Promotion or the Competition where it becomes necessary to do so.

Insofar as is permitted by law, Uber, its 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 any participant’s participation in the Promotion, Competition or taking up the Prize, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Uber or their affiliates have been advised of the possibility of such loss, damage, personal injury or death. Your statutory rights are not affected.

Each Winner may be required to participate in publicity related to the Prize which may include the publication of their name and photograph in any media.

Personal data supplied during the course of this Promotion may be passed on to third party suppliers only insofar as required for fulfilment/delivery/arrangement of the 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. Uber’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 Uber’s sole and absolute discretion.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). The language of 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 Uber or their affiliates in connection with the Promotion, Competition or the Prize (whether contractual or non-contractual), shall be governed by, and construed in accordance with the laws of The Netherlands.

Nothing in these Terms and Conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either you or Uber in terms of the applicable laws and regulations of the country in which you reside.

The promoter of this Promotion is Uber B.V., a private limited liability company incorporated under the laws of the Netherlands (registration number 56317441), with a registered address of Vijzelstraat 68, 1017 HL Amsterdam.