Official Rules for Uber Contests and Sweepstakes
Uber B.V. (“Uber”) will conduct the Uber contest (the “Contest”) substantially as described in these rules. By entering or participating, each participant (“Participant”) agrees to these official rules (the “Official Rules”) and the decisions of Uber, which are final and binding in all respects.
- Eligibility: Unless otherwise specified, the Contest is open only to persons (i) who are eighteen (18) years of age or older at the time of entry and are legal residents of Hong Kong only, with a valid HKID number and who reside in Hong Kong; and (ii) either, as applicable, those (a) who are, during the Contest Period (defined below), active driver-partners on the Uber platform in Hong Kong; or (b) are registered as a rider on the Uber platform in Hong Kong and has taken at least one successful ride. 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 Contest (collectively, the “Contest Entities”) are not eligible to enter or participate in the Contest.
- How To Enter: The Contest will begin and end at the times specified by Uber (the “Contest Period”). Uber shall request from its rider base feedback on their experience with driver-partners on the Uber platform in Hong Kong. All feedback must be received during the Contest Period. Driver-partners who have been identified from such feedback shall be automatically entered into the Contest.
When submitting feedback, Participant is required to provide complete and truthful information. Feedback 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 Contest at Uber’s sole and absolute discretion. Feedback submitted by persons who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All feedback are the property of Uber.
By entering the Contest, Participant: (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 federal, state and local laws, rules and regulations. Winning the Prize (defined below) is contingent upon fulfilling all requirements set forth in these Official Rules.
- Prize: The prize of the Contest will be a trip for two (one of whom shall be the driver-partner who won the Contest) to any city in Asia where Uber is operating, the details of which will be determined by Uber (the “Prize”). The total approximate total retail value of the Prize is as specified by Uber.
If for any reason the Prize is unavailable or a related event is delayed, cancelled or postponed, or for any other reason, Uber reserves the right to modify the Contest in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winner (defined below). Uber and the Contest Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. In the event a potential Winner cannot accept the Prize, an alternate Winner will be randomly drawn from all remaining feedback. All costs and expenses not specifically listed above as part of the Prize are solely Winner’s responsibility. The Prize is provided “as is”. Participants acknowledge that Uber and the Contest 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 Prize, including any implied warranty of merchantability of fitness for a particular purpose.
Any tax or other costs and expenses associated with acceptance or use of the Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility (regardless of whether the prize, in whole or in part, is used).
- Winner Selection and Notification: The “Winner” of the Contest will be determined according to the method specified by Uber at Uber’s sole and exclusive discretion and will be based on the feedback received from riders.
The Winner will be notified within seven (7) days (or such other time specified by Uber) following the earlier of the selection of the Winner or the end of the Contest Period by email (at the email address on record at Uber), by phone (at the phone number on record at Uber), or such other method specified by Uber, and will be required to confirm his/her email address and/or phone number.
Additionally, Uber and the Contest Entities reserve the right to make a public announcement, announcing the Winner 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 the Winner 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 Winner forfeits the Prize, and an alternate Winner will be selected. If the alternate Winner does not comply with these Official Rules or is otherwise unable to accept the Prize, the Prize is forfeited and another alternate Winner will be selected. This Winner selection and notification process shall be continued until a Winner is confirmed. If the Prize or a prize notification is returned as undeliverable, the Prize will be forfeited and an alternate Winner will be selected.
- Winner Verification: The Winner may be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of a HKID card, passport or similar government issued identification within two (2) hours after being notified of being a potential Winner.
If the Winner (or any alternate Winner) is unable to prove eligibility within the time given and/or in the event of non-compliance by the Winner (or alternate Winner), such Winner (or alternate Winner) shall be disqualified and shall forfeit the Prize, and an alternate Winner will be chosen in a random drawing from among all of the remaining feedback.
Provided that the Winner is in compliance with the Official Rules and after having successfully proven eligibility, the Winner will be officially confirmed as the Winner. Uber expressly reserves the right to delay the announcement of the Winner for any reason it deems necessary. In addition, Uber reserves the right to select an alternate Winner in the event that any Winner fails to comply with these Official Rules.
- Liability Release and Indemnity: THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY UBER OR ANY CONTEST ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL UBER OR ANY CONTEST ENTITY BE LIABLE TO PARTICIPANT 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 PARTICIPANT’S PARTICIPATION IN THE CONTEST, 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 CONTEST ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Uber and the Contest Entities assume no responsibility for and will disqualify feedback that are: untrue, 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 Contest, or by any human, mechanical or electronic error that may occur in the processing of the feedback in the Contest, or other errors appearing within the Official Rules or in the Contest related advertisements. Uber and the Contest Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Contest, errors in processing feedback, identifying the Winner, in the announcement of the Prize and Winner, the delivery of the Prize, 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 web site including uber.com, or any combination thereof, including, without limitation, any injury or damage to Participant’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 Contest. Use of any device to automate or subvert entry is prohibited and any feedback 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 Contest; (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 Winner, Uber or the Contest Entities into disrepute; (iv) to have provided inaccurate information on any information or documents submitted in connection with the Contest; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
- Grant of Rights. Except where prohibited by law, by entering the Contest and/or winning the Prize, Participant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, entry, statements attributed to Participant (if true) and any video footage related to the Prize, for all Contest 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 Contest Entities putting his or her name on a winner’s list. Please note that Uber may not acknowledge or return any feedback.
- General Terms. Uber and the Contest Entities are not responsible if the Contest cannot take place, or if the Prize 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 Contest Entities. If, for any reason the Contest 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 Contest Entities, which, in Uber’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, Uber reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Contest. If the Contest is terminated or modified prior to the closing of the Contest 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 Contest Period for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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. Participant 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 Contest–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.
- Privacy: All information submitted by Participants and collected by Uber in connection with Participant’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 Contest, Participant 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 Participants provide may be used for sending Participants company updates and announcements about Uber and its products and/or services.
- Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Uber in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Hong Kong and subject to the exclusive jurisdiction of the Courts of Hong Kong.
- Sponsored and Administered by: The Contest is subject to these Official Rules are sponsored and administered by Uber B.V., Vijzelstraat 68-78, 4th Floor, 1017 HL Amsterdam, the Netherlands.