“Get Up and GO!” Terms and Conditions

OFFICIAL RULES

Uber B.V. and Uber Portier B.V. (jointly, “Uber”) will jointly conduct the “Get Up and GO!” Promotion (the “Event”) substantially as described in these rules. By entering or participating, each entrant or participant (“Entrant”) agrees to these official rules (the “Official Rules”) and the decisions of Uber, which are final and binding in all respects.

1. Eligibility: Unless otherwise specified, the Event is open only to persons (i) who are eighteen (18) years of age or older at the time of entry; and (ii) who is registered as a rider on the Uber app or as an eater on the UberEATS app (together, the Uber app and UberEATs app, the “Uber apps”) and has taken either at least one successful ride or ordered at least one successful meal from the Uber apps. Employees, officers and representatives, and the immediate family members of such employees, officers and representatives (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 its affiliated companies, parent companies, subsidiaries, participating promotional partners, Uber partners and their drivers, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfilment of the Event (collectively, the “Event Entities”) are not eligible to enter.

2. How To Enter: The Event will begin at 12.00 a.m. on 24th April, 2017 and end at 11.59 p.m. on 30th April, 2017 (the “Event Period”). The “Lucky Draw” (see below) will be held on 29 April 2017. The Event can be entered into either by taking rides or ordering a meal on the Uber mobile application in Hong Kong (as applicable), and meeting the Criteria (as defined below. Uber’s computer is the official timekeeping device for entry in the Event.
   When submitting an entry, Entrant is required to provide complete and truthful information. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Event at Uber’s sole and absolute discretion. Entries submitted by persons who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated entry methods or agents to submit entries will void all entries submitted by that person or that person’s agents. Uber will disqualify any entry from individuals who do not meet the eligibility requirements. All Entrants who are not disqualified are considered “Eligible Entrants”.

   By entering the Event, the 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 laws, rules and regulations. Getting a Gift is contingent upon fulfilling all requirements set forth in these Official Rules.

3. Gifts: The gifts to be provided to the Eligible Entrants of the Event will be as follows:
   Discounts
   Tier 1 – Entrants who have transacted 10 times or more through the Uber apps during the Event Period:
   20% discount on Fun, Fun+ and U-biz fares booked through http://www.hkexpress.com, subject to the terms and conditions of the HK Express website (as applicable from time-to-time).
   
   12% discount on all bookings on hotels through https://www.zuji.com.hk.
   Tier 2 – Entrants who have transacted between 5 to 9 times through the Uber apps during the Event Period:
   15% discount on Fun, Fun+ and U-biz fares booked through http://www.hkexpress.com.
   10% discount on all bookings on hotels through https://www.zuji.com.hk.
   Tier 3 – Entrants who have transacted between 3 to 4 times through the Uber apps during the Event Period:
   10% discount on Fun, Fun+ and U-biz fares booked through http://www.hkexpress.com.
   8% discount on all bookings on hotels through https://www.zuji.com.hk.
   References to “transacted” above shall mean either (i) booking and completing a ride through the Uber app; or (ii) ordering and having delivered a meal through the UberEats app. For the avoidance of doubt the “Discounts” above are awarded for any combination of sub-paragraph (i) and (ii) above so long as the volume of such activities meet the requirements above. Each booking, using the discounts above, shall be subject to the terms and conditions of use of either the HK Express or Zuji website (as applicable). Each eligible Entrant shall receive applicable promo codes from Uber, on behalf of HK Express and/or Zuji (as applicable) which must be used within 7 days from 1 May 2017 and can only be booked in the name of the eligible Entrant. Uber is not responsible for the use of the promo code provided by HK Express and Zuji and use of their promo codes and their websites shall be subject to the terms of use as applicable from time-to-time with HK Express and Zuji.

   Lucky Draw

   Uber shall administer a lucky draw on 29th April 2017 in the following way for Eligible Entrants. A total of five winners will be selected and will be immediately notified and given a pair of free round-trip HK Express tickets to Phuket, Tokyo, Jeju Island, Osaka, and Seoul respectively (in accordance to the selection of destination below) and HK$4,000 off hotel bookings booked through Zuji each. Each winner is eligible to select a travel companion which must be notified to Uber. Such winners and their accompanying person (if any) need to be available to fly on 29th April 2017 and must both satisfy all legal requirements to fly including, but not limited to, passport and immigration requirements and any other requirements required from HK Express and Zuji. Winners will also be provided with a free Uber trip from their choice of pick up location to the airport.

   Phuket – 10th eater who orders and has Thai cuisine delivered through the UberEATS app delivered on 29 April 2017.
   Tokyo – 10th eater who orders and has Japanese cuisine delivered through the UberEATS app delivered on 29 April 2017.
   Jeju Island – 10th eater who orders and has Korean cuisine delivered through the UberEATS app delivered on 29 April 2017.
   Osaka – starting from 08.00 on 29 April 2017, the 10th rider who ordered and took a ride through the Uber app.
   Seoul – starting from 08.00 on 29 April 2017, the 20th rider who ordered and took a ride through the Uber app.

   Those Eligible Entrants who are eligible to the discounts set forth under “Discounts” above and the winners of the above “Lucky Draw” shall be referred to as the “Successful User.”

   If for any reason any of the Gifts, or any part thereof, is unavailable or any part of a Gift or related event is delayed, cancelled or postponed, or for any other reason, Uber reserves the right to modify the Event in its sole discretion and award a substitute gift, or portion of gift, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Gift, or any portion thereof, is permitted by the Successful User. Uber and the Event Entities shall have no responsibility or obligation to a Successful User who is unable or unavailable to, or who does not for any reason, accept or utilize the Gift or any part thereof. In the event a potential Successful User cannot accept the Gift or any part thereof, Uber will decide who will be awarded with the Gift. In particular, if a Successful User cannot accept the Gift under the “Lucky Draw” (and such Successful User must immediately notify Uber of his or her ability to accept such Gift), Uber may, in its absolute discretion, either allow such winner to fly on another date or proceed to selecting a substitute winner from the next eligible rider (in other words, the 11th or 21st rider (as the case may be)) who will be notified and declared the winner in their place. In the event that such substitute winners are also not able to accept the Gift, Uber may, in its absolute discretion, either allow such substitute winners to fly on another date or continue with this process (in other words, the 12th or 22nd rider shall be selected (as the case may be) until a suitable winner has been determined by Uber in accordance to this rule. All costs and expenses not specifically listed above as part of the Gift are solely the Successful User’s responsibility. Successful Users agree to comply with any additional terms and conditions applicable for attending the Event. Each of the Gifts is provided “as is”. Entrants acknowledge that Uber and the Event 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 Gifts, including any implied warranty of merchantability of fitness for a particular purpose.

   The value of the Gift may be taxable to the Successful User as income. All tax liability, and any other costs and expenses associated with acceptance or use of the Gift not specifically provided for in these Official Rules are solely within the Successful User’s responsibility (regardless of whether the gift, in whole or in part, is used).

4. Successful User Selection and Notification: The Successful Users of the Event will be determined according to the method specified by Uber at Uber’s sole and exclusive discretion.
   Uber’s appointed judges (“Judges”) will select the Successful Users by applying the judging criteria as specified by Uber (collectively, “Criteria”) above. The Successful Users will be selected based on the Criteria. The decisions of the Judges will be final on all matters relating to the judging.

   Each of the Gifts will be awarded to the authorized account holder of the email address registered on the Uber rider account in which the promotional code was entered. The authorized account holder is the person who is assigned to the e-mail address by an Internet service provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses. The Successful Users will be notified on or around 1 May 2017 by email (at the email address registered on the Uber platform), by phone (at the phone number registered on the Uber platform), or such other method specified by Uber, and will be required to confirm their email addresses and/or phone numbers, save for the winners of the “Lucky Draw” who shall be notified in person or by phone immediately upon winning.

   Additionally, Uber and the Event Entities reserve the right to make a public announcement, announcing the Successful Users on either the Uber website, through the Uber apps, or in any manner (including, without limitation, social media (e.g., Facebook, Twitter)), which they deem appropriate. If a Successful User cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within one day (or such other time specified by Uber) from when the initial notification email is sent, or if the winner of the “Lucky Draw” fails to confirm his or her availability (and the accompanying person (if any)) to fly immediately upon being notified of winning, the Successful User forfeits its Gift, and an alternate Successful User will be selected. If the alternate Successful User does not comply with these Official Rules or is otherwise unable to accept the Gift, the Gift is forfeited and another alternate Successful User will be selected. This Successful User selection and notification process shall be continued until a Successful User is confirmed. If a Gift or a gift notification is returned as undeliverable, such Gift will be forfeited and an alternate Successful User will be selected.

5. Successful User Verification: Uber may, in its sole discretion, require the Successful Users to prove eligibility and verify his or her identity.
   If a Successful User (or any Successful Users) is unable to prove eligibility within the time given and/or in the event of non-compliance by a Successful User (or alternate Successful User), such Successful User (or alternate Successful User) shall be disqualified and shall forfeit its gift, and all privileges otherwise due as a Successful User shall be terminated and an alternate Successful User will be chosen in a random drawing from among all of the remaining Eligible Entrants.

   Provided that the Successful Users are in compliance with the Official Rules and after having successfully proven eligibility, the Successful Users will be officially confirmed as the Successful Users. Uber expressly reserves the right to delay the announcement of the Successful Users for any reason it deems necessary. In addition, Uber reserves the right to select an alternate Successful User in the event that any Successful User fails to comply with these Official Rules.

6. Liability Release and Indemnity: NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE UBER’S LIABILITY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR (2) FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE LAST SENTENCE, EACH OF THE GIFTS IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY UBER OR ANY EVENT ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL UBER OR ANY EVENT ENTITY BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE EVENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT UBER AND/OR OTHER EVENT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
   By entering the Event, Entrant agrees to indemnify, defend, and hold harmless, Uber and any other Event Entities 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 Event, (ii) without limitation, property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Gift, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Event or acceptance and use or the Gift, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Event, the Gifts, or Uber’s advertising and marketing related to the Event, Entrants or the Successful User, in all cases, including but not limited to: (a) unauthorized human intervention in the Event; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Event or the processing of entries; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Event), which may be caused, directly or indirectly, in whole or in part, from Entrant’s receipt or use of a gift, or any part thereof. Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Event, or the acceptance, receipt, or use of the Gift or any Gift component. Entrant further agrees that in any cause of action, Uber and/or the Event Entities’ liability will be limited to the value of the Gift, and in no event shall the Event Entities be liable for attorney’s fees.

   Uber and the Event Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Event, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Event, or other errors appearing within the Official Rules or in the Event related advertisements. Uber and the Event Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Event, errors in processing entries, identifying the Successful Users, in the announcement of the Gifts and Successful Users, the delivery of the Gifts, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any website including uber.com, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system/software related to or resulting from participation in, uploading any materials or downloading any materials in the Event. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Uber reserves the right in its sole discretion to disqualify any person it suspects or finds (i) to have tampered with the entry process or the operation of the Event; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Successful User, Uber or the Event Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Event; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A SUCCESSFUL RIDER WILL RESULT IN SUCH SUCCESSFUL RIDER’S DISQUALIFICATION AS A SUCCESSFUL RIDER OF THE EVENT AND ALL PRIVILEGES AS A SUCCESSFUL RIDER WILL BE IMMEDIATELY TERMINATED.

7. Grant of Rights. Except where prohibited by law, by entering the Event and/or winning the Gift, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, entry, statements attributed to Entrant (if true) and any video footage related to the Gift, for all Event Entities’ advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation and additionally consents to the Event Entities putting his or her name on a Successful Users’ list. Please note that Uber may not acknowledge or return any entries.
   
8. General Terms. The Event Entities are not responsible if the Event cannot take place, or if the Gifts cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Event Entities. If, for any reason the Event is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Event Entities, which, in Uber’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Event, Uber reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Event or any part of the Event. If the Event or any part of the Event is terminated or modified prior to the closing of the Event Period, notice will be posted on uber.com. Uber reserves the right to modify and amend these Official Rules from time to time during the Event Period for clarification purposes.
   ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE EVENT MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, UBER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

   The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions 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 Official Rules will not constitute a waiver of that term or any other provision of these Official Rules. Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the related materials, privacy policy or terms of use on a website and/or the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Uber’s sole and absolute discretion.

9. Privacy: 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 Event, 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 the Uber 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: Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE EVENT OR ANY GIFT 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 Event or any gift awarded shall be resolved by binding arbitration administered by the International Court of Arbitration (“ICC”) in accordance with the ICC Rules of Arbitration then in effect (“Rules”); (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the Rules; (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.

11. Governing 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 Event, shall be governed by, and construed in accordance with, the laws of the Netherlands.

12. Accessibility of Official Rules: A copy of the Official Rules is available via https:https://www.uber.com/en-HK/newsroom/hkexpress/ Where required by law, Uber will provide the name of the Successful Users of the Event to those who request it.

13. Sponsored and Administered by: Events subject to these Official Rules are sponsored and administered jointly by Uber B.V. and Uber Portier B.V., Vijzelstraat 68-78, 4th Floor, 1017 HL, Amsterdam, The Netherlands.