READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING. YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS AND AGREED TO BE BOUND BY THEM WHEN PARTICIPATING IN THIS PROMOTION. AMONG OTHER THINGS, THESE TERMS AND CONDITIONS INCLUDE LIMITATIONS OF YOUR RIGHTS AND REMEDIES.
CHRISTMAS TREE DELIVERY PROMOTION
TERMS AND CONDITIONS
- The Christmas Tree Delivery promotion as detailed in these terms and conditions (the “Promotion”) is open to all individuals aged 18 years or over, except employees of the Promoter, their families, agents or any third party directly associated with the Promotion. Proof of age and/or identity may be required.
- The Promotion offers Uber account holders in Stockholm (a “Participant”) between 11.00 and 19.00 local time on 19 December 2015, the opportunity to request, subject to availability, a pine tree that is approximately 175 – 250 cm in height (a “Tree”) through the Uber smartphone application using the Uber app. Stockholm is the “Participating City” and the aforementioned timeframe is the “Relevant Timeframe” for the purpose of the Promotion and these terms and conditions.
- The Promotion is subject to these terms and conditions and any limitations imposed by the Promoter, including but not limited to availability of Trees to be given away, and the availability of participating third party partner-drivers operating using the Uber platform to deliver the Trees.
- To take part in the Promotion, each Participant must have a smartphone with GPS capability, have downloaded the Uber app at https://get.uber.com/sign-up/, registered and have active internet connection. No purchase necessary. The terms and conditions at https://www.uber.com/legal/gbr/terms continue to apply to the extent applicable to this Promotion.
- To take part in the Promotion each Participant must also:
- be located in the Participating City;
- use the Uber app, sliding to the TREES vehicle view; and
- follow the prompts to request a Tree to be delivered via the Uber app during the Relevant Timeframe.
- The Promoter will giveaway approximately ninety-six (96) Trees in the Participating City. Each Tree is free of charge and no payment for the Tree is required.
- If a Participant is not at the drop-off location requested for delivery of the Tree within 5 (five) minutes of the driver’s arrival, the driver may cancel the delivery. Each Participant may only request one Tree for delivery, and only one Tree may be delivered to any drop-off location.
- The Promoter accepts no responsibility for failure to participate in the Promotion due to a technical fault, technical malfunction, satellite, network or server failure of any kind.
- The Promoter assumes no responsibility for any typographical or other error in the administration of the Promotion.
- The Tree is non-exchangeable, non-transferable and no cash alternative is offered.
- Third party terms and conditions apply to any parts of the Promotion where applicable. For the avoidance of doubt, the Promoter accepts no responsibility in respect of any Tree delivered to a Participant, in relation to its quality, condition or otherwise. Any liability arising in connection with the Promotion and delivery/receipt of the Tree shall be several and the Promoter accepts no joint and several liability in connection with the Promotion.
- The decision of the Promoter regarding any aspect of the Promotion is final and binding and no correspondence will be entered into about it.
- Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. The Promoter reserves the right to refuse participation in the Promotion to anyone in breach of these terms and conditions.
- The Promoter reserves the right to hold void, cancel, suspend, or amend the Promotion where it becomes necessary to do so. Participants acknowledge that the Promoter is not liable or responsible if any part of the Promotion is cancelled, varied or rescheduled for any reason. If this means that the Participant cannot request a Tree to be delivered or does not receive a Tree following the successful request of a Tree to be delivered, the Promoter shall be under no obligation to provide anything in substitute.
- Insofar as is permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded by the Promoter. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate a Participant or accept any liability (whether direct, indirect, special, incidental, exemplary, punitive or consequential) for any loss, damage, personal injury or death arising out of or in connection with a Participant’s participation in the Promotion or the Tree delivery, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not the Promoter or its affiliates have been advised of the possibility of such loss, damage, personal injury or death. A Participant’s statutory rights are not affected.
- A Participant may be required to participate in publicity related to the Promotion which may include the publication of the Participant’s name and photograph in any media.
- Personal data supplied during the course of this Promotion may be passed on to third party suppliers only insofar as required for fulfilment/delivery/arrangement of the Promotion.
- The Promoter reserves the right to modify and amend these terms and conditions from time to time.
- The invalidity or unenforceability of any provision, or part thereof, of these terms and conditions will not affect the validity or enforceability of any other provision or part thereof. In the event that any provision, or part thereof, of these terms and conditions is determined to be invalid or otherwise unenforceable or illegal, the other provisions, or parts thereof, will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Promoter’s failure to enforce any term of these terms and conditions will not constitute a waiver of that term or any other provision of these terms and conditions.
- In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Promotion–related materials and these terms and conditions, these terms and conditions shall prevail, govern and control and the discrepancy will be resolved in Promoter’s sole and absolute discretion.
- Except where prohibited by law, each Participant agrees that any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to the Promotion awarded shall be resolved individually, without resort to any form of class action, and shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Mediation Rules (ICC Mediation Rules). If the said dispute has not been settled within 60 (sixty) days after a request for Mediation has been submitted under the said ICC Mediation Rules, such dispute shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules’ Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be Amsterdam, The Netherlands. The language of the arbitration shall be English.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or the rights and obligations of you and the Promoter or its affiliates in connection with the Promotion (whether contractual or non-contractual), shall be governed by, and construed in accordance with the laws of England and Wales.
- The Promoter of this Promotion is Uber B.V., of Vijzelstraat 68-78, 1017 HL Amsterdam, Netherlands.
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