THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR PARTICIPATION IN THE “DITCH YOUR KEYS” PROMOTION CAMPAIGN.

[Updated: 17 February 2017]

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 opening time and date of the Promotion is 12:00 a.m. on 1 February and the Promotion will end at 11:59 p.m. on 7 March 2017 (the “Promotion Period”).
  • The Promotion is open to individuals who
    • are a legal resident of South Africa aged 18 years or over, except any director, member, partner, employee or agent of, or consultant to Uber B.V. (“Uber”), any other person who directly or indirectly controls or is controlled by Uber,  or any third party directly associated with administration of the prize competition;
    • have been selected by Uber to be given the opportunity to participate in the Promotion based on objective criteria to be determined and applied by Uber at its sole discretion; and
    • have opted into (through a personalised email from Uber to the email account registered to your Uber user account) the Promotion by 11:59 p.m. on 7 March 2017 and selecting which one of the two available Prizes you want to compete for through the course of the promotion.
  • During the Promotion Period, Uber will communicate to you a “trips goal,” which shall be the number of completed trips that you need to take within a prescribed period of time (explained below) in order to be eligible for the prize.
    • A completed trip means a trip in which the rider has requested a trip through the Uber Application (“Uber App”), been collected from a pick-up point (and the driver has started the trip through the Uber App), dropped off at a prescribed destination (and the driver has ended the trip through the Uber App), and received a receipt for the trip taken.
    • Neither trips taken outside of the week nor outside of your country of residence will not be considered towards that week’s trips goal.
    • Uber will determine your trips goal based on objective criteria to be determined and applied by Uber at its sole discretion.
      • The trips goal will be based on the maximum number of trips that you have taken in a week in 2016 and 2017 and, as such, the trips goal may change from week to week.
    • Uber accepts no responsibility for trips not successfully completed 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.
Week Day and time by when participants will receive their trips goal Time period in which participants must meet their trips goal Day and time by when winners will be notified
1 Wednesday 1st February 2017 at 3:00 p.m. Between Wednesday 1st February 2017 at 12:01 a.m. and Tuesday 7th February 2017 at 11:59 p.m. Monday 13th February 2017 at 3:00 p.m.
2 Wednesday 15th February 2017 at 3:00 p.m. Between Friday 17th February 2017 at 12:01 a.m. and Friday 24th February 2017 at 11:59 p.m. Monday 27th February 2017 at 3:00 p.m.
3 Wednesday 1st March 2017 at 3:00 p.m. Between Wednesday 1st March 2017 at 12:01 a.m. and Tuesday 7th March 2017 at 11:59 p.m. Monday 13th March  2017 at 3pm

*All times are in Central African Time (CAT)

 

  • You understand and agree that you may be photographed and/or videotaped in connection with the Promotion, and you may also 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.

Competition:

  • At the end of each prescribed weekly period, Uber will determine and notify (by email to the email account registered to the Uber user account) all eligible participants who met their respective weekly trip goal for that period.
    • If Uber determines an individual’s trip goal for week one is 10 trips and the person completes 10 trips in week one, then the person will be awarded an entry into the drawing for week one.  If Uber determines that that individual’s trip goal for week two is 15 trips and the person completes 15 trips in week two, then the person will be awarded an entry into the drawing for week two.
  • Individuals who met their trips goal will receive an entry into that week’s drawing for a Prize of one year’s worth of discounted Uber rides in South Africa (a total value of R25 000 in Uber discounted rides).
    • No further consideration will be required to enter the drawing.
    • The entry into the drawing is non-exchangeable, non-transferable and no cash alternative is offered.
  • Three winners in total will be randomly chosen —
    • One Winner from the drawing for Week One (which will be held on Monday, 13 February 2017);
    • One Winner from the drawing for Week Two (which will be held on Monday, 27 February 2017); and
    • One Winner from the drawing for Week Three (which will be held on Monday, 13 March 2017).
  • Winners will be notified by email to the email account registered to their Uber user account by 3:00 pm (EAT) on the day of each drawing.
  • If within one (1) week of being notified by Uber, a Winner does not inform Uber in writing of his/her acceptance of the Prize (which will include consent to participating in publicity related to the Prize such as, but not limited to, the publication of the Winner’s name and photograph in any media), then the Winner’s Prize will be forfeited. Uber will hold another drawing and randomly select a new drawing winner and will continue to do so until a winner has accepted the Prize.
    • Such publicity rights will not incur any remuneration.

Regarding the Prize

  • The Prize will be a discount of up to R100 on each ride that the Winner takes through the Uber App within one year’s time of the application of the Prize to the Winner’s Uber account. The total value of the Prize shall not exceed R25 000.
  • The Prize will be auto-applied to the Winner’s Uber account and will be redeemable (i) only on trips taken in cities in South Africa in which the Uber app is available; (ii) subject to the standard terms and conditions governing access and use of the Uber App by all riders; and (iii) subject to the availability of Uber partner-drivers at the time of requesting.
  • The Prize is valid up to one (1) year from the date that the Prize is applied to the Winner’s Uber account.
  • The Prize cannot be combined with any promotional codes or other promotions.
  • A participant cannot win more than one Prize. Upon accepting a Prize, the participant will not be eligible to win entry into any subsequent drawings.
  • The Prizes (or any part of them) are non-exchangeable, non-transferable, cannot be duplicated, are not for sale, has no cash value, and no substitution by the Winner or cash alternative is offered.
    • Uber reserves the right to replace the Prizes (or any part of them) with an alternative prize of equal or higher value if circumstances beyond Uber’s control make it necessary to do so.
  • General:
    • Participation in the Competition will be subject to the standard terms and conditions governing access and use of the Uber App.
    • The decision of Uber regarding any aspect of the Competition or Prizes 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, in the announcement of the winners or the delivery of the Prizes.
    • To the extent permitted by law, Uber reserves the right to change the Terms and Conditions for this Promotion without any notice.  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 Promotion.
    • 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.
    • Any liability of Uber arising in connection with the Promotion shall be several and Uber accepts no joint and several liability in connection with the Promotion.
    • 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.
    • Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to this Agreement, including but not limited to those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Amicable Dispute Resolution Rules (ICC ADR Rules). If the said dispute has not been settled within 60 days after a request for Amicable Dispute Resolution has been submitted under the said ICC ADR Rules, such dispute shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules’ Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be South Africa.  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 South Africa.
    • 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