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October 19, 2016

OFFICIAL RULES FOR ZIPPO PACKAGE GIVEAWAY

Brenda
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Uber Technologies, Inc. (“Uber”) will conduct the ZIPPO PACKAGE GIVEAWAY (the “Promotion”) with Zippo as described in these rules. By 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.

THE PROMOTION IS LIMITED, FIRST-COME, FIRST-SERVED BASIS. DEMAND WILL BE HIGH AND AVAILABILITY WILL BE LIMITED. NOT ALL REQUESTS WILL BE FULFILLED. YOU MAY ATTEMPT TO REQUEST A RIDE USING THE UNIQUE IN-APP VIEW AS MANY TIMES AS YOU’D LIKE DURING THE PROMOTION PERIOD. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.

  1. Eligibility: The Promotion 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 the United States of America only, with a valid Social Security number and who reside in an Uber operating area; and (ii) who have downloaded and installed the Uber rider mobile application and have a valid Uber rider account in good standing.

VOID WHERE PROHIBITED. 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 Zippo, Uber or their 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 Promotion (collectively, the “Promotion Entities”) are not eligible to enter.

  1. How To Participate: The Promotion will begin and end October 29, 2016 at 11:00 AM CST to October 29, 2016 at 3:00 PM CST (the “Promotion ”). During the Promotion Period, you can enter the Promotion by opening your Uber mobile application in the designated coverage area and request a ride to the Voodoo Music + Arts Experience Festival using the unique in-app view. If you are successful in requesting a ride, a vehicle will arrive with further information about claiming your prize. You must be in the coverage area in order to attempt to request a ride using the unique in-app view. The promotion is limited, first-come, first-served basis. Not all requests will be fulfilled. You may attempt to request a ride using the unique in-app view as many times as you’d like during the Promotion Period.

Uber’s computer is the official timekeeping device for entry in the Promotion. Normal time rates, if any, charged by the Participants’ Internet service or mobile provider will apply.
Participants 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 individual who do not meet the eligibility requirements or otherwise violates these Official Rules.
By entering the Promotion, 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 is contingent upon fulfilling all requirements set forth in these Official Rules.

  1. Prize: Each Winners will each receive: two (2) Tickets to the Voodoo Music + Arts Experience as described in promotional material plus a free ride in a promotional vehicle furnished by Zippo (collectively, a “Prize”). The total approximate total retail value of the Prize(s) is $200.00. From time to time during the Promotion, Uber may in its sole discretion award bonus prizes to Participants.

If for any reason the Prizes, or any part of a Prize, is unavailable or a Prize or related event is delayed, cancelled or postponed, or for any other reason, Uber reserves the right to modify the Promotion 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. Uber, Zippo, and the Promotion 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 a Prize. In the event a potential Winner cannot accept the Prize, such Winner shall forfeit the Prize and another Winner may be selected. All costs and expenses not specifically listed above as part of the Prize are solely Winner’s responsibility. Winner agrees to comply with any additional terms and conditions applicable for attending the Event, including ticketback language and venue rules and policies. The Prizes are provided “as is”. Participants acknowledge that Uber and the Promotion 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 Prizes, including any implied warranty of merchantability of fitness for a particular purpose. Any prizes pictured in advertising and other Promotion materials are for illustrative purposes only.
The value of the Prize will be taxable to the Winner as income. All U.S. federal, state and local tax liability, and any 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).

  1. Winner Selection and Notification: If you are successful in requesting a ride using the unique in-app view, and you satisfy all requirements set forth herein and otherwise specified by Uber, you will be a “Winner” of the Promotion. The Prize will be awarded to the authorized account holder of the email address associated with the Uber mobile rider application account. Additionally, Uber and the Promotion 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

Additionally, Uber and the Promotion 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, 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.

  1. 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 driver’s license, passport or similar government issued identification within two (2) hours after being notified of being a potential Winner.

The Winner (or any alternate Winner if one must be selected) is not official and shall not be confirmed as the Winner until he/she has completed, signed and returned documentation required by Uber — which may include an Affidavit of Eligibility, release of liability (except where prohibited), publicity release form, and a completed IRS W-9 form (if required), and the eligibility of the potential Winner has been verified. Forms must be received within two (2) hours after notification of winning. If the Winner (or any alternate Winner) does not complete all forms necessary 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 all privileges otherwise due as a Winner shall be terminated and an alternate Winner will be chosen in a random drawing from among all of the remaining Eligible Entries. All guests in attendance with a Winner must also execute all applicable documents prior to any participation or such guest(s) will not be permitted to participate.
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.

  1. Liability Release and Indemnity: THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY UBER OR PROMOTION ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL UBER OR ANY PROMOTION 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 PROMOTION, 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 PROMOTION ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

By entering the Promotion, Participant agrees to indemnify, defend, and hold harmless, Uber, Zippo, and any other Promotion 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 Promotion, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Promotion or acceptance and use or the Prize, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Promotion, the Prize, or Uber’s or other Promotion Entities’ advertising and marketing related to the Promotion, Participants or the Winner, in all cases, including but not limited to: (a) unauthorized human intervention in the Promotion; (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 Promotion 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 Promotion), which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Promotion or receipt or use of any prize (including, without limitation, any travel or Uber trips or rides taken by Participant in connection with using the Prize). Participant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Promotion, or the acceptance, receipt, or use of the Prize or any Prize component. Participant further agrees that in any cause of action, Uber and/or the Promotion Entities’ liability will be limited to the value of the Prize, and in no event shall the Promotion Entities be liable for attorney’s fees.
Uber and the Promotion 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 Promotion, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Promotion, or other errors appearing within the Official Rules or in the Promotion related advertisements. Uber and the Promotion Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Promotion, errors in processing entries, 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 Promotion. 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 Promotion; (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 Promotion Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Promotion; 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 PROMOTION AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

  1. Grant of Rights. Except where prohibited by law, by entering the Promotion 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 Promotion 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 Promotion Entities putting his or her name on a winner’s list.
  2. General Terms. The Promotion Entities are not responsible if the Promotion 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 Promotion Entities. If, for any reason the Promotion 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 Promotion Entities, which, in Uber’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, Uber reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion or any part of the Promotion. If the Promotion or any part of the Promotion is terminated or modified prior to the closing of the Promotion 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 Promotion Period for clarification purposes.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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 Promotion–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 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 Promotion, 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.
  2. Binding Arbitration: Except where prohibited by law, Participant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PROMOTION OR ANY PRIZE 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 Promotion or any prize awarded shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the AAA Rules, in San Francisco County, California; (4) unless both Participant 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
  3. Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by 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 Promotion, shall be governed by, and construed in accordance with, the California law without giving effect to any choice of law or conflict of laws rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
  4. Accessibility of Official Rules: Where required by law, Uber will provide the name of Winner(s) of a Promotion to those who request it and/or a copy of the Official Rules. For the name of a Winner or copy of the Official Rules: (i) send a self-addressed, stamped envelope postmarked to Uber Technologies, Inc., 1455 Market Street, Suite 400, San Francisco, CA 94103, Attn: Contracts; and (ii) write the name of the Promotion on the lower left hand corner of the envelope. All requests for the name of the Winner or Official Rules must be received within two (2) weeks of the end of the Promotion Period.
  5. Sponsored and Administered by: Promotion subject to these Official Rules are sponsored and administered by Uber Technologies, Inc., 1455 Market Street, Suite 400, San Francisco, CA 94103.
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