Official Rules for Uber Events

OFFICIAL RULES FOR UBER EVENTS

Uber B.V. (“Uber”) will conduct the Uber event (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; (ii) who have an active e­mail

account and Internet access prior to the beginning of the Event Period; and (iii) who is

registered as a rider on the Uber platform. 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 fulfillment of the Event (collectively, the “Event

Entities”) are not eligible to enter.

2. How To Enter: The Event will begin at 12.01 a.m. on 16 March 2016 and end at

11.59 p.m. on 18 March 2016 (the “Event Period”). The Event can be entered into by

entering the promotional code “mrporterHK” in the Uber mobile application 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, 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 the

Gift is contingent upon fulfilling all requirements set forth in these Official Rules.

3. Gifts: The gifts to be provided to the Successful Riders of the Event will consist of

five (5) identical packages (each, a “Gift”, and collectively, the “Gifts”), with one (1)

package to be gifted to one (1) Successful Rider (and there being five (5) Successful

Riders). Each package shall include: (a) one (1) double pass to Art Basel Hong Kong

2016 at the Hong Kong Convention and Exhibition Centre on 24­26 March 2016 (the

“Event”) which such double pass shall grant two (2) people entry into the Event on 25

March 2016 (for one day only); (b) one (1) GBP 500 Mr. Porter cash voucher which may

be redeemed for the purchase of goods on the Mr. Porter website (www.mrporter.com)

and which such voucher shall expire on 30 April 2016; (c) one (1) Wallpaper City Guide

Box set; (d) HKD 300 Uber credits credited into the Uber account of the Successful

Rider; and (e) one (1) pack of Uber branded items, including a selfie lens, bottle opener,

cap, sunglasses and phone charger. The approximate total retail value of the Gifts (in

aggregate) is approximately HKD 34,000 or as otherwise specified by Uber.

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 Rider. Uber and the Event Entities shall have no

responsibility or obligation to a Successful Rider 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 Rider cannot accept the Gift or any part thereof, Uber will decide

who will be awarded with the Gift. All costs and expenses not specifically listed above as

part of the Gift are solely the Successful Rider’s responsibility. Successful Riders 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 will be taxable to the Successful Rider 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 Rider’s

responsibility (regardless of whether the gift, in whole or in part, is used).

4. Successful Rider Selection and Notification: The Successful Riders 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 Successul Riders by applying the

judging criteria as specified by Uber (collectively, “Criteria”).The Successful Riders 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 e­mail address by an

Internet service provider or other organization that is responsible for assigning e­mail

addresses or the domain names associated with e­mail addresses. The Successful

Riders will be notified on 19 March 2016 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.

Additionally, Uber and the Event Entities reserve the right to make a public

announcement, announcing the Successful Riders on either the Uber website, through

the Uber app, or in any manner (including, without limitation, social media (e.g.,

Facebook, Twitter)), which they deem appropriate. If a Successul Rider cannot be

reached after a reasonable effort has been exerted and/or fails to respond to confirm

his/her email address within one (1) day (or such other time specified by Uber) from

when the initial notification email is sent, the Successful Rider forfeits its Gift, and an

alternate Successful Rider will be selected. If the alternate Successful Rider does not

comply with these Official Rules or is otherwise unable to accept the Gift, the Gift is

forfeited and another alternate Successful Rider will be selected. This Successul Rider

selection and notification process shall be continued until a Successful Rider is

confirmed. If a Gift or a gift notification is returned as undeliverable, the Gift will be

forfeited and an alternate Successul Rider will be selected.

5. Successful Rider Verification: Uber may, in its sole discretion, require the

Successful Riders to prove eligibility and verify his or her identity.

If a Successul Rider (or any Successful Riders) is unable to prove eligbility within the

time given and/or in the event of non­compliance by a Successful Rider (or alternate

Successful Rider), such Successful Rider (or alternate Successful Rider) shall be

disqualified and shall forfeit its gift, and all privileges otherwise due as a Successful Rider

shall be terminated and an alternate Successful Rider will be chosen in a random

drawing from among all of the remaining Eligible Entrants.

Provided that the Successful Riders are in compliance with the Official Rules and after

having successfully proven eligibility, the Successful Riders will be officially confirmed as

the Successful Riders. Uber expressly reserves the right to delay the announcement of

the Successful Riders for any reason it deems necessary. In addition, Uber reserves the

right to select an alternate Successful Rider in the event that any Successful Rider 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 Rider, 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, postage­due, 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 any gift (including, without limitation, any travel or Uber trips or rides taken by

Entrant in connection with using the Gift). 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. The

indemnity in this clause shall be capped at HK$500,000.

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 Riders, in the announcement of the Gifts

and Successful Riders, 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 e­mail or players on account of technical

problems or traffic congestion on the Internet or on any web site 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 Rider, 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 Successul Riders’ 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

newsroom.uber.com/hong­kong. Where required by law, Uber will provide the name of

the Successful Riders of the Event to those who request it.

13. Sponsored and Administered by: Events subject to these Official Rules are

sponsored and administered by Uber B.V., Vijzelstraat 68­78, 4th Floor, 1017 HL,

Amsterdam, The Netherlands.