Earth Day uberPOOL Prize Draw Terms

Terms and Conditions (the “Terms”)

READ THESE TERMS CAREFULLY BEFORE PARTICIPATING. YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND AGREED TO BE BOUND BY THEM WHEN PARTICIPATING IN THIS PROMOTION. AMONG OTHER THINGS, THESE TERMS INCLUDE LIMITATIONS OF YOUR RIGHTS AND REMEDIES.

1. The World Earth Day Prize Draw (the “Promotion”) is open to all Uber account holders taking a trip in London during the Promotion Period (defined below), except that employees of the Promoter, their families, agents or any third party directly associated with administration of the Promotion are not permitted to enter the Promotion. Proof of age and/or identity may be required.
2. To take part in the Promotion, you must complete an uberPOOL trip (a “Qualifying Trip”) between the date and time of the announcement of the Promotion and 11:59 on Sunday 24 April 2016 (the “Promotion Period”).
3. Upon completion of a Qualifying Trip you will be automatically entered into the prize draw (the “Prize Draw”) for the opportunity to win £1000 of Uber credits (the “Prize”). You will receive one entry to the Prize Draw for every Qualifying Trip you take during the Promotion Period. To be excluded from the Prize Draw please email support@uber.co.uk.
4. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
5. The Prize Draw shall take place on Monday 25 April 2016 (the “Draw Date”) and a winner of the Prize will be chosen by a random draw performed by a computer process. The winner will receive the Prize credits into their Uber rider account by Friday 29th April 2016.
6. The Promoter may require winners to certify their eligibility to participate in the Promotion and receive a Prize prior to delivery of such Prize. Failure to sign such document within the required time period (which shall be no less than 5 (five) days and no more than 7 (seven) days following a request by the Promoter for a winner to certify their eligibility to participate in the Promotion) shall constitute a forfeit of the Prize by the winner and an alternative winner shall be determined. The Prize will be delivered to the winner in their payments in accordance with paragraph 5, provided the relevant winner has provided all details and taken all actions required by Promoter under these Terms.
7. The Promoter assumes no responsibility for any typographical or other error in the printing of the offer, administration of the Promotion, errors in processing entries, identifying the winners, in the announcement of the Prize and winner or the delivery of the Prize.
8. The Promoter reserves the right to substitute the Prize (or any part of it) for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control. Unless agreed otherwise in writing a Prize is non-refundable and non-transferable.
9. The decision of the Promoter regarding any aspect of the Promotion is final and binding and no correspondence will be entered into about it.
10. The winner agrees to the Promoter publishing the winner’s name. Alternatively, the name and county of the winner can be obtained by sending an email to support@uber.com within 30 (thirty) days after the end of the Promotion Period.
11. The Promoter reserves the right to refuse entry, or refuse to award the Prize to anyone in breach of these Terms.
12. The Promoter reserves the right to hold void, cancel, suspend, or amend the Promotion where it becomes necessary to do so.
13. The Prize is provided “as is”. You acknowledge that Promoter and its affiliates 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 Prize pictured in advertising and other Promotion materials are for illustrative purposes only.
14. Except in the case of death or personal injury arising from its negligence, or in respect of fraud, and so far as is permitted by law, the Promoter and its affiliates and agents exclude responsibility and all liabilities arising from:
    1. any postponement, amendment or cancellation of the Promotion, and
    2. any changes to, supply of (including, without limitation, if the Prize does not reach the intended recipient), or use of the Prize, and
    3. any act or default of any third party,
       except where it is caused by the negligence of the Promoter, its affiliates, or agents.
15. To the greatest extent allowed by law, in no event will the Promoter or its affiliates be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages (including any loss of use, opportunity, data, business or profits) arising out of or in connection with your 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 or damage.
16. By participating in the Promotion, you agree to indemnify, defend, and hold harmless, Promoter and any of its affiliates 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 Promotion, (ii) death, injury or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Promotion or acceptance and use of the Prize, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Promotion, the Prize, or Promoter’s advertising and marketing related to the Promotion, participants or the winner, in all cases, which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use of the Prize. You assume all liability for an injury or damage caused, or claimed to be caused, by participation in the Promotion, or the acceptance, receipt, or use of the Prize or any Prize component.
17. You further agree that in any cause of action, Promoter and/or its affiliates’ liability will be limited to the value of the Prize, and in no event shall any of them be liable for attorney’s fees.
18. The winner agrees to allow the Promoter to use their name and likeness for advertising and publicity purposes in any media relating to the Promotion without additional remuneration. In addition, the winner may be required to participate in additional publicity related to the Promotion and agrees to do so at Promoter’s reasonable cost.
19. The Promoter will use each of the winner’s, and each entrant’s, personal details for the purpose of administering this Promotion. Please see our Privacy Policy https://www.uber.com/legal/privacy/users/en/ for further details. Please note that your data may be processed outside of the EU.
20. The Promoter reserves the right to modify and amend these Terms from time to time during or after the Promotion Period.
21. The invalidity or unenforceability of any provision, or part thereof, of these Terms 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 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. Promoter’s failure to enforce any term of these Terms will not constitute a waiver of that term or any other provision of these Terms.
22. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of these Terms or any provision hereof.
23. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Promotion–related materials, privacy policy or terms of use on a website and/or the terms and conditions of these Terms, these Terms shall prevail, govern and control and the discrepancy will be resolved in Promoter’s sole and absolute discretion.
24. Disputes: Except where prohibited by law, you agree that any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to the Promotion or a Prize awarded shall be resolved individually, without resort to any form of class action, and shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Mediation Rules (ICC Mediation Rules). If the said dispute has not been settled within 60 (sixty) days after a request for Mediation has been submitted under the said ICC Mediation 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 Amsterdam, The Netherlands. The language of the arbitration shall be English.
25. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of you and Promoter or its affiliates in connection with the Promotion (whether contractual or non-contractual), shall be governed by, and construed in accordance with the laws of England and Wales.
26. The Promoter of this Promotion is Uber B.V., of Vijzelstraat 68-78, 1017 HL Amsterdam, Netherlands.