Uber Eats Pro and Uber Pro NFL Sweepstakes Official Rules Houston

Uber Technologies, Inc. (“Uber”) is sponsoring the Uber Eats Pro and Uber Pro NFL Sweepstakes for (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by participating, you (“Entrant”) agree to be bound by them and the decisions of Uber, which are final and binding in all respects. 

NO PURCHASE OR UBER EATS PRO GOLD OR UBER PRO GOLD STATUS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR ATTAINMENT UBER EATS PRO GOLD OR UBER PRO GOLD STATUS DOES NOT IMPROVE YOUR CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW. SWEEPSTAKES IS NOT OPEN TO THE GENERAL PUBLIC. 

1. Eligibility:  The Sweepstakes is open only to legal U.S. residents who: (i) have a delivery driver or driver account on the Uber – Driver: Drive & Deliver App as of [11/01/2023]; (ii) reside within Uber’s Houston serviceable areas; and (iii) are 18 years of age or older at the time of participation. Entrants must meet all delivery driver requirements as set forth at (https://www.uber.com/us/en/deliver/) or driver requirements as set forth at (https://www.uber.com/us/en/drive/) prior to the start of the Sweepstakes Period (as defined below) and their accounts must be in good standing. Employees, officers and representatives, and the immediate family members of such employees (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 any of their affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to enter. Additionally, individuals who are employed by any local, state or federal government office or agency, elected officials and individuals listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations. 

Employees, officers, directors, agents and representatives of NFL Entities (as defined below) and each such individual’s immediate family members (mother, father, sister, brother, any child, husband, wife and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate or win a prize.

2. Sweepstakes Period:  This Sweepstakes begins at 12:00 a.m. PST on 11/01/2023 and ends at 11:59 p.m. PST on 12/07/2023 (the “Sweepstakes Period”). Uber’s computer is the official time-keeping device for the Sweepstakes.  All entries must be received during the dates and times specified in the Sweepstakes Period.

3. How to Enter: During the Sweepstakes Period, Entrants must enter using one of the following methods:

Method #1 – Uber Eats Pro Gold or Uber Pro Gold Status: Achieve and/or maintain Uber Eats Pro Gold or Uber Pro Gold status (collectively, “Gold Status”) during the Sweepstakes Period. For the avoidance of doubt, any  status above Uber Eats Pro Gold and Uber Pro Gold such as Diamond or Platinum status (collectively referred to herein as, “Higher Status”) that is also maintained during the Sweepstakes Period shall also qualify as an eligible entry (as defined below) into the Sweepstakes. Once you receive an email and/or in-app notification that Uber has confirmed your Gold Status, click on the link to the Sweepstakes entry form, which can be found here Submit your full name, email address, phone number, and state of residence to receive one (1) entry. Details regarding the Uber Eats Pro and Uber Pro programs and Gold Status requirements can be found at https://www.uber.com/us/en/deliver/uber-pro/ and https://www.uber.com/us/en/drive/uber-pro/ To enter via this method, delivery driver or driver  account must be in good standing and must already have, or obtain, Uber Eats Pro Gold or Uber Pro Gold Status during the Sweepstakes Period. 

Method #2 – Free Alternate Method of Entry Form: To enter the Sweepstakes without achieving Uber Eats Pro Gold or Uber Pro Gold Status, submit your full name, email address, phone number, and state of residence, on the entry form found here to receive one (1) entry.

Limit one (1) entry per individual, per email address and/or delivery driver or driver account throughout the Sweepstakes Period, regardless of method of entry.  Entries received in excess of this stated limitation will be void.

All entries must be received no later than the end of the Sweepstakes Period to be considered. Multiple Entrants are not permitted to share the same email address or delivery driver account account. Any entries that constitute unlawful behavior will be disqualified from the Sweepstakes. Uber in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Sweepstakes. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any entrant, the authorized account holder of the email address associated with the delivery driver account on the entry will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the entry.  Each potential winner may be required to show proof of being the authorized account holder.  Uber will make the final determination of identity of entrants in its sole discretion. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” 

By entering the Sweepstakes, 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 federal, state and local laws, rules and regulations. Winning the Prize is contingent upon fulfilling all requirements set forth in these Official Rules.

4. Prizes: Five (5) winners  (as defined below) will each  receive the following:

The total approximate retail value of all  the Prizes is $504.  

ONLY ELEMENTS OF THE PRIZES DESCRIBED ABOVE ARE BEING AWARDED TO THE WINNER. Winner is solely responsible for all incidental expenses, including ground transportation, meals, tips and gratuities, taxes and fees associated with the receipt and/or use of the Prize. A refund or cash equivalent will not be provided to Winner in the event that the actual retail value of the Prize is different from the stated approximate retail value. Prize redemption details shall be provided upon winner confirmation. 

Exact tickets are not guaranteed and shall be determined in Uber’ sole discretion.  Prize redemption details shall be provided upon awarding of the Prize. Additional Prize restrictions, conditions and limitations may apply. All elements of the Prize shall be subject to any and all local, state, federal and any other applicable COVID-19 protocols, laws and regulations. Failure to provide any information as requested by the time specified by Uber or their designee for Prize fulfillment purposes, may result in Winner’s disqualification or forfeiture of the Prize. Winners may be required to be physically present and/or must present valid government-issued photo identification to redeem the Prize. Uber and the applicable Sweepstakes Entities reserve the right to remove or to deny entry to any Winner and/or his/her guest(s) who engage(s) in a non-sportsman like or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Under such circumstances, the individual (and/or guest) may be asked to leave and may forfeit all remaining portions of the Prize. 

Tickets are non-transferable and must be used on the date specified by Uber or their designee. Tickets are subject to certain terms and conditions as specified thereon. Resale of tickets is prohibited. Tickets may be directly fulfilled by Uber or their designee. Once the tickets have been awarded and accepted by the Winner, Uber or Sweepstakes Entities shall have no further responsibility or obligation to a Winner. The terms and conditions of the tickets awarded as part of any Prize will govern in the event a legal game, event or exhibition, as defined by the applicable Sweepstakes Entities, is not played or held, as applicable, due to weather conditions, a global pandemic, an act of God, an act of terrorism, civil disturbance or any other reason.

If for any reason the Prize is unavailable, Uber reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winners.  Uber and the Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize or any portion thereof. Winners agree to comply with any additional terms and conditions applicable to the Prize.  The Prize is provided “as is”; Entrants acknowledge that Uber and the Sweepstakes 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 Prize, including any implied warranty of merchantability of fitness for a particular purpose. Any prizes pictured in advertising and other Sweepstakes materials are for illustrative purposes only.

THE VALUE OF THE PRIZE MAY BE TAXABLE TO THE WINNER AS INCOME. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the prize not specifically provided for in these Official Rules are solely the responsibility of each Winner (regardless of whether the prize, in whole or in part, is used). 

5. Winner Selection and Notification: Five (5) potential winners will be selected in a random drawing by Uber from all eligible entries received throughout the Sweepstakes Period on or about 12/08/2023. Limit of one (1) prize per potential winner for the entire Sweepstakes Period. The potential winner will be notified by phone or email (at the phone number or email provided with the entry or associated with each potential winner’s driver account), and may be required to confirm his/her email address and/or phone number. Details will follow via email. Odds of winning the Sweepstakes depend on the number of eligible entries received during the Sweepstakes Period. 

Uber shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If a potential winner cannot be reached after a reasonable effort has been exerted and/or fails to respond, provide any requested information, or confirm his/her email address within forty-eight (48) hours (or such other time specified by Uber) from when the initial notification phone call or email is sent, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner forfeits the Prize, and an alternate potential winner may be selected. Uber, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of each Prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate potential winner may be selected.  

6. Winner Verification:  Potential winner may be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within forty-eight (48) hours after being notified of being a potential winner.

Potential winner may be required to complete and sign an Affidavit of Eligibility, release of liability, publicity release form (except where prohibited), and the eligibility of the potential winner will be verified.  Forms must be returned within forty-eight (48) hours (or another time designated by Uber) of receipt by the potential winner.  If any potential winner does not complete all forms necessary within the time given and/or in the event of non-compliance by any potential winner, such potential winner shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a potential winner shall be terminated and an alternate potential winner may be selected in a random drawing from among all of the remaining eligible entries.

Provided that each potential winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as a Winner.  Uber expressly reserves the right to delay the announcement of the Winner for any reason it deems necessary. By entering or accepting any Prize, Winner allow Uber to use the Winner’s entry, name, photograph, likeness, voice, opinions, Prize information, biographical information, hometown and state for publicity and promotional purposes without further compensation where permitted by law.  Except where prohibited, participation in the Sweepstakes constitutes an Entrant’s consent to Uber’s use of Entrant’s entry, name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.  

Additionally, Uber and the Sweepstakes Entities reserve the right to make a public announcement, announcing the Winner on either the Uber or Uber Eats website, through the Uber or Uber Eats App, or in any manner (including, without limitation, social media (e.g., Facebook, Twitter)), which they deem appropriate.

7. Conditions of Participation.  By submitting an entry for this Sweepstakes, you agree to abide by these rules and any decision Uber makes regarding this Sweepstakes, which Uber shall make in its sole discretion.  Uber reserves the right to disqualify and prosecute to the fullest extent permitted by law any entrant or Winner who, in Uber’s reasonable suspicion, tampers with Uber or any Uber partner site, the entry process, intentionally submits more than a single entry, violates these rules, or acts in an unsportsmanlike or disruptive manner. Uber or their designee may fulfill the Prize to the Winner, and Uber may share your information with a third party for Prize fulfillment purposes.

8. Disclaimer, Release and Limit of Liability.  UBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE SWEEPSTAKES.  BY ENTERING THE SWEEPSTAKES OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS UBER, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/SWEEPSTAKES AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTIOUS CONDUCT, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  THE SWEEPSTAKES PARTIES ARE NOT RESPONSIBLE FOR:  (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance or completion of the Sweepstakes, or any part of it, for any reason, Uber, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance or completion for any or all of the prizes offered herein.  No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Uber reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

9. Privacy and Use of Sweepstakes Information.  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 Sweepstakes, 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 Uber’s 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.

10. Binding Arbitration:  IF ENTRANT HAS AGREED TO UBER’S TERMS OF USE , THEN THE ARBITRATION AGREEMENT CONTAINED THEREIN WILL GOVERN ANY DISPUTES, CONTROVERSY OR CLAIM(S) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED. If Entrant has not agreed to the Terms of Use, then except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE 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 Sweepstakes or any prize awarded shall be resolved by binding arbitration administered by the Judicial Arbitration and Mediation Services  (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with JAMS Rules, in San Francisco County, California; (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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

11.  Governing Law:  All federal, state and local laws and regulations apply.  Void where prohibited by 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 Sweepstakes, shall be governed by, and construed in accordance with, the New York law without giving effect to any choice of law or conflict of laws rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.

12. Accessibility of Official Rules:  A copy of the Official Rules is available via https://www.uber.com/blog. Where required by law, Uber will provide the name of Winner(s) of a Sweepstakes to those who request it. For the names of Winners: (i) send a self-addressed, stamped envelope postmarked to Uber, LLC, 1515 3rd Street, San Francisco, CA 94158, Attn: Winner List; and (ii) write the name of the Sweepstakes on the lower left hand corner of the envelope. All requests for the names of the Winner must be received within two (2) weeks of the end of the Sweepstakes Period.

13. Sponsored and Administered by: Sweepstakes subject to these Official Rules are solely sponsored and administered by Uber, LLC., 1515 3rd Street, San Francisco, CA 94158 (“Sponsor”).

Participant irrevocably waives all claims against the National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) and agrees that the NFL Entities will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or the prizes awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way.