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March 3, 2016

Terms & Conditions

Kate Peregrine
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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.

Win a trip to NYC with HotelTonight + Uber

Terms and Conditions

  1. The “Win a trip to NYC with HotelTonight + Uber” promotion (the “Promotion”) is open to all UK residents aged 18 years or over who have the Uber app, except employees of the Promoters, their families, agents or any third party directly associated with administration of the Promotion. Proof of age and/or identity and/or residency may be required. Entry into the Promotion is free.
  2. To take part in the Promotion, you must have a smartphone with GPS capability, have downloaded the Uber app, registered and have active internet connection. No purchase necessary. The terms and conditions at https://www.uber.com/legal/gbr/terms/ continue to apply to the extent applicable to this Promotion.
  3. To take part in the Promotion you must also: (i) enter the promo code “BIGAPPLEHT16” in the “Promotions” section; and (ii) refer a friend using your personal code, which can be found in the “Free Rides” section of the Uber app or at riders.uber.com/invite (a “Referral”).
  4. There is no limit to the number of friends that you can refer. For each Referral you invite who signs up to Uber, you will be automatically entered into the Promotion prize draw (the “Prize Draw”) and will been deemed to have participated in the Promotion and entered the Prize Draw for the purpose of these Terms and Conditions. Further details of the Prize Draw are below.
  5. Any friend that you refer to Uber will get up to £10 off their first trip using the Uber service. Once your referred friend has taken their ride, you will get up to £10 back into your Uber account, which will be automatically discounted from your next trip. You and your friend can amend the settings in the “Free Rides” section of your Uber app and apply the discount to a future trip, provided that both you and your friend use the discount within three (3) months of it becoming available to you. However, the discount of up to £10 applies to one trip only and cannot be rolled over. The code is not valid for use on the UberTAXI product.
  6. The opening date of the Promotion, and the time when the counting of Referrals will start, begins at 08:00 p.m. on 3rd March 2016 and ends at 11:59 p.m. on 23rd March 2016 (the “Promotion Period”). Entries received after this time will not be counted in the Prize Draw.
  7. The Promoters accept no responsibility for entries not successfully completed due to a technical fault, technical malfunction, satellite, network or server failure of any kind.
  8. The Prize Draw shall take place within 3 (three) business days of the end of the Promotion Period, at which time 1 (one) winner of the Prize Draw will be chosen at random by a computer process.
  9. The winner will be offered a 3 (three) night trip to New York City (NYC), which will include: (i) flights to and from the UK for them and one (1) travel companion up to the value of USD 3000 (three thousand) provided by Hotel Tonight; (ii) accommodation in NYC for three nights for them and their travel companion provided by Hotel Tonight; and (iii) Uber transport to and from the airport in the UK and NYC up to the value of £100 per journey (or the the USD equivalent), (the “Prize”).
  10. The Prize may be subject to certain restrictions, including without limitation, Hotel Tonight’s standard terms and conditions.
  11. Hotel Tonight will attempt to accommodate the winner’s preferred travel dates but has no obligation to do so and all specifics of the travel and accommodation arrangements will be at Hotel Tonight’s sole discretion. It will not be possible to change the date of travel after the Prize has been booked.
  12. All terms and conditions attached to a winner’s travel shall also apply to their travel companion. Flight numbers, dates of travel and accommodation for each winner’s travel companion must mirror those of the applicable Prize winner (i.e., they must travel together and stay in the same hotel).
  13. No additional travel is allowed with the Prize tickets; flight segments other than the flight to the destination cannot be added to the tickets.
  14. The winner’s and their companion’s travel must be booked at least 7 (seven) days before the date of departure. The Prize must be booked within 12 (twelve) weeks of the Prize Draw and all travel in connection with the Prize must be completed no later than 12 (twelve) months after the Prize Draw. Once issued, Prize flight tickets (the “Prize tickets”) cannot be changed or modified. The Prize tickets are not valid for upgrades. The Promoters will not replace any lost, mutilated, or stolen tickets or travel vouchers and are not responsible if the trip is delayed, postponed or cancelled for any reason. The winner and their travel companion must have a valid passport to travel to the Prize destination, which does not expire within 6 (six) months of the date of return from the destination. The winner and their travel companion are responsible for obtaining all necessary travel documentation, including passports and visas, and any cost related thereto. The winner and their travel companion are responsible for complying with any health advice, regulations or inoculations required to travel to the destination and any costs associated thereto. The winner will be informed of how to arrange their travel by Hotel Tonight. Only after all required documentation is returned to the Promoters and the winner is verified will the applicable Prize be awarded.
  15. The Prize does not include travel insurance or anything other than is set out in paragraphs 9 – 14.
  16. The Promoters assume no responsibility for any typographical or other error in the administration of the Promotion or the Prize Draw, errors in processing entries, identifying the winner, in the announcement of the winner or the delivery of the Prize.
  17. The winner will be notified by email before 30 March 2016 and, if the winner chooses to accept the Prize, will be provided with details of how to claim their Prize. If the winner does not accept the Prize within one (1) month, then the Prize will be forfeited and the winner will not be entitled to any form of compensation from the Promoters.
  18. The Promoters reserve the right to replace the Prize (or any part of it) with an alternative prize of equal or higher value if circumstances beyond the Promoters’ control make it necessary to do so. The Prize (or any part of it) is non-exchangeable, non-transferable and not for sale, and no substitution by the winner or their travel companion and no cash alternative is offered.
  19. The decision of the Promoters regarding any aspect of the Prize Draw is final and binding and no correspondence will be entered into about it.
  20. Third party terms and conditions apply to any part of the Prize where applicable.
  21. The winner’s name and country can be obtained by sending an email to supportuk@uber.com within 30 (thirty) days of the date of the closing date of the Prize Draw, subject to a winner having accepted the Prize.
  22. Participants are deemed to have accepted and agreed to be bound by these Terms and Conditions upon entry. The Promoters reserve the right to refuse entry, or refuse to award the Prize to anyone in breach of these Terms and Conditions. Extensions of deadlines are not permitted at any time.
  23. The Promoters reserve the right to hold void, cancel, suspend, or amend the Promotion or the Prize Draw where it becomes necessary to do so.
  24. Insofar as is permitted by law, the Promoters, their agents or distributors will not in any circumstances be responsible or liable to compensate a participator 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 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 the Promoters or their affiliates have been advised of the possibility of such loss, damage, personal injury or death. Your statutory rights are not affected.
  25. Any liability of the Promoters arising in connection with the Promotion shall be several and Uber accepts no joint and several liability in connection with the Promotion.
  26. A winner who accepts the Prize may be required to participate in publicity related to the Prize Draw which may include the publication of their name and photograph in any media.
  27. 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.
  28. The Promoters reserve the right to modify and amend these Terms and Conditions from time to time during the Promotion Period.
  29. 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. Promoters’ 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.
  30. 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 Promoters’ sole and absolute discretion.
  31. Except where prohibited by law, participants agree that any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to the Promotion, the Prize Draw or the 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 sixty (60) 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.
  32. 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 the Promoters or their affiliates in connection with the Prize Draw or the Prize (whether contractual or non-contractual), shall be governed by, and construed in accordance with the laws of England and Wales.
  33. The Promoters of this Promotion are Uber B.V., of Vijzelstraat 68-78, 1017 HL Amsterdam, Netherlands and HotelTonight of 146-148 Clerkenwell Road, London, EC1R 5DG.
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