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May 29, 2017

Support Uber HK Terms and Conditions

Iris Fung
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OFFICIAL RULES

Uber B.V. (“Uber”) will conduct the “Support Uber HK Campaign” (the “Campaign”) 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 Campaign is open only to persons (i) who are eighteen (18) years of age or older at the time of entry; ; and (ii) who has a valid email address.
  2. How To Enter: The Campaign will begin at 12:00 a.m. on 31 May 2017 and end at 00:00 a.m. on 1 August 2017 (the “Campaign Period”). The Campaign can be entered into by completing the form on the Campaign microsite (http://www.supportuber.hk ) during the Campaign Period, and meeting the Criteria (as defined below). Uber’s computer is the official timekeeping device for entry in the Campaign.

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 Campaign 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) 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 have submitted entries in compliance with these Official Rules and not disqualified or void are considered “Eligible Entrants.” All entries are the property of Uber.

By entering the Campaign, 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.

  1. Successful Entrant Selection and Notification: The Successful Entrants of the Campaign, who 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 Entrants by applying the judging criteria as specified by Uber (collectively, “Criteria”). The Successful Entrants will be selected based on the Criteria. The decisions of the Judges will be final on all matters relating to the judging.

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.

Additionally, Uber and the Campaign Entities reserve the right to make a public announcement, announcing the Successful Entrant 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.This Successful Entrant selection process shall be continued until a Successful Entrant is confirmed.

  1. 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. IN NO EVENT WILL UBER OR ANY CAMPAIGN 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 CAMPAIGN, 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 CAMPAIGN ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

By entering the Campaign, Entrant agrees to indemnify, defend, and hold harmless, Uber and any other Campaign 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 Campaign, (ii) defamation, violation of publicity rights, or invasion of privacy in connection with the Campaign, and (iii) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Campaign, or Uber’s advertising and marketing related to the Campaign, Entrants or the Successful Entrant, in all cases, including but not limited to: (a) unauthorized human intervention in the Campaign; (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 Campaign 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 Campaign), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Campaign. Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Campaign..

Uber and the Campaign Entities assume no responsibility for and will disqualify entries that are: stolen, late, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, derogatory, offensive, 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 Campaign, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Campaign, or other errors appearing within the Official Rules or in the Campaign related advertisements. Uber and the Campaign Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Campaign, errors in processing entries, identifying the Successful Entrant, 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 Campaign. 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 Campaign; (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 Entrant, Uber or the Campaign Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Campaign; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A SUCCESSFUL ENTRANT WILL RESULT IN SUCH SUCCESSFUL ENTRANT’S DISQUALIFICATION AS A SUCCESSFUL ENTRANT OF THE CAMPAIGN AND ALL PRIVILEGES AS A SUCCESSFUL ENTRANT WILL BE IMMEDIATELY TERMINATED.

  1. Grant of Rights. Except where prohibited by law, by entering the Campaign, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, entry, statements attributed to Entrant (if true) and any video footage related to the Campaign, for all Campaign 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 Campaign Entities putting his or her name on a Successful Entrant’s list. Please note that Uber may not acknowledge or return any entries.
  2. General Terms. The Campaign Entities are not responsible if the Campaign cannot take place, 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 Campaign Entities. If, for any reason the Campaign 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 Campaign Entities, which, in Uber’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Campaign, Uber reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Campaign or any part of the Campaign. If the Campaign or any part of the Campaign is terminated or modified prior to the closing of the Campaign 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 Campaign Period for clarification purposes.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN 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 Sweepstakes–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.

  1. 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 Campaign, 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.
  2. Binding Arbitration: Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CAMPAIGN 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 Campaign 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.
  3. 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 Campaign, shall be governed by, and construed in accordance with, the law of the Netherlands.
  4. Accessibility of Official Rules: A copy of the Official Rules is available via www.supportuber.hk. Where required by law, Uber will provide the names of the Successful Entrants of a Campaign to those who request it.
  5. Sponsored and Administered by: The Campaign subject to these Official Rules is sponsored and administered by Uber B.V., Vijzelstraat 68, 1017 HL Amsterdam, The Netherlands.

 

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