Promotion Official Rules

PROMOTION OFFICIAL RULES

THIS IS A LIMITED TIME OFFER ONLY. PRIZES WILL BE DISTRIBUTED ON A FIRST COME-FIRST SERVED BASIS. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE’S CHANCES OF WINNING.

1. SPONSOR: Uber Technologies, Inc., 1455 Market St., Suite 400 San Francisco, CA 94103, is responsible for all aspects of this contest (“Promotion”).

2. BRIEF OVERVIEW OF PROMOTION: This is a Promotion to be held 12:01am EST 1/28/16 to 1:59 pm 1/30/16 (“Entry Period”). It is a Promotion for you (“Participant”) to participate in the Uber rider mobile application (“App”). For purposes of these official rules (“Rules”), all times and days are Eastern Time. Uber’s computer is the official time keeping device for this Promotion. The awarding of each prize is subject to the eligibility and forfeiture provisions set forth below.

3. ELIGIBILITY: To be eligible for this Promotion, at the time of entering you must be: (1) a natural person physically located within the state of Florida area (“Territory”); (2) 21 years of age or older; (3) a registered user of the App’s terms of use agreement (“TOU”); (4) not an employee of Uber; its parent, subsidiary, affiliated or successor companies; the advertising, promotional or fulfillment agencies of any of them (individually and collectively, “Entities”); nor a Household member or Immediate family member; and (5) not an employee of Diageo Americas Inc. (“Diageo”), its parent, subsidiary, affiliated or successor companies. “Household members” shall mean people who share the same residence at least three months a year. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses.

4. ENTRY: During the Entry Period, you may participate in the Promotion by entering promotional code PIRATERESONSIBLY in the “Promotions” tab in the App. If you successfully enter the code, around 2pm ET on 1/30/16, you will receive a secret passphrase in your App. Enter the secret passphrase to enter the Promotion (“Entry”). THE FIRST ONE THOUSAND RIDERS TO ENTER THE PASSPHRASE IN THE PROMOTIONS TAB WILL RECEIVE AN EMAIL CONTAINING A PROMOTIONAL CODE VALID FOR UP TO $20 OFF AN UBER RIDE (RIDES MUST BE TAKEN BY 11:59 PM ET ON 1/31/16). One prize per person. Only valid email addresses (individually, “Address”) will be accepted for account registration as determined solely by the Uber; and, at Uber’s sole discretion, a Participant will be disqualified if he/she creates invalid Addresses with intent to affect the integrity of the Promotion. Each Participant who is activating a new Uber account will also be required to enter valid credit card information to register for a Uber user account, but Participants are not required to spend money to enter the Promotion. Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Uber in writing if you change your Address or Phone Number. When submitting their entry, Participants are 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 Promotion at Uber’s sole and absolute discretion. Entries submitted by persons who do not meet the eligible 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 entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” All entries are the property of Uber.

5. PROMOTION MATERIALS: “Promotion Materials” include: (1) all information and material submitted by you in connection with the Promotion, including the forms, contracts or releases required to be submitted by you as a Participant, whether required by Uber prior to or after Entry; (2) your name, voice, likeness, image and biographical data and (3) all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the Promotion, whether submitted to the Uber or not, including the Submission. All material owned by the Uber or the Uber’s affiliated companies, including but not limited to any picture, logo, title art, etc., shall remain their property and you shall acquire no rights therein by virtue of the Promotion.

6. LIMITATIONS: All Entries must be received during the Entry Period. Limit of one (1) Entry per person/account (regardless of whether one person has more than one Address or account or more than one person use the same Address or account). In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth herein. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Uber nor Diageo, nor any of their respective officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the Territory; or Entries that are altered, contain the images of more than one person, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or any printing, production, technical, electronic or other errors; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified; and any Participant who attempts to enter with multiple Addresses or account or under multiple identities will be disqualified. Uber is not obligated to communicate with any Participant during the duration of the Promotion. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. Please review these Rules and the TOU carefully; however, in the event of a conflict between these Rules and the TOU, these Rules will control.

7. PRIZE: 1,000 Prizes. The Winner will be selected based on the Criteria. The winners (“Winner”) will be the first one thousand (1,000) Participants located in the Territory who successfully submit an Entry (“Criteria”). Each Winner will receive a promotional code in an email from Uber valid for up to $20 off an Uber ride (excluding UberT or UberTaxi). Rides must be taken by 11:59 pm ET on 1/31/16. You are responsible for any ride fare in excess of $20. Prizes are not redeemable for cash or transferable. No substitution allowed except, at Uber’s sole discretion, a prize of equal or greater value may be substituted. All prizes will be awarded provided there are sufficient eligible Entries received and provided prizes are validly claimed by January 30, 2016, after which no alternate winners will be selected, nor unclaimed prizes awarded. Any and all federal, state and local taxes associated with the receipt or use of a prize are the sole responsibility of each winner. The Winner may be required to complete tax documentation for the Uber. The Winners will be notified via email. At the sole discretion of the Uber, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) potential Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within one (1) business day from date of receipt; (2) potential Winner’s failure to submit a requested statement of originality; (3) potential winner’s failure to submit any requested third party releases, including location and talent releases; (4) potential Winner’s failure to meet deadlines; (5) potential Winner’s failure to be available to attend the Launch Party; (6) potential Winner’s failure to provide Uber with satisfactory proof that he/she is the Authorized Account Holder of the Address associated with a winning Entry; (7) potential Winner’s failure to verify age by presenting government-issued identification for potential Winner and their guest; (8) potential Winner’s failure to authorize a background check in writing via a Background Check Authorization Form within one (1) business day after it is sent; (9) potential Winner’s failure to provide Uber with information related to the Prize; and (10) any other non-compliance with Rules, including anyone found giving false information. In the event of a Prize forfeiture, the Uber may, in its sole discretion, award or not award the forfeited prize to an alternate winner. Winner is solely responsible for obtaining all necessary travel documents (i.e., valid photo I.D.), and Winner’s guests, if any, must travel together with Winner and they are solely responsible for obtaining all necessary travel documents (i.e. valid photo I.D.) before starting the ride or attending the Flight. All guests of Winner, if any, will be required to execute a Release of Liability prior to participating. All guests of Winner, if any, will be required to execute a Release of Liability prior to participating. Any guest of Winner, if any, must be 21 years of age or older.

8. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Promotion, if any, is subject to Uber’s privacy policy located at www.uber.com/legal/privacy (“Privacy Policy”).

9. CONDITIONS: By entering this Promotion, you agree, represent and warrant that: (1) you will be bound by the Rules, TOU and Uber’s decisions, which shall be final in all respects; (2) the Entry will not be acknowledged or returned; (3) you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the Entry or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in this Promotion or in any Promotion-related activity or travel or from any interaction with, or downloading of, computer Promotion information; (4) the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); (5) winner’s acceptance of a prize constitutes the grant to Uber and assigns of an unconditional right to use winner’s name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; (6) in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Uber’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Promotion, so that it cannot be conducted as originally planned, except where prohibited by law, Uber has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Promotion; and in such event, to select winners by such method as Uber in its sole discretion shall consider equitable; and in the event the Show has already commenced, to terminate the Prize and return the group to point of origin as soon as reasonably possible; (7) the Releasees are not responsible for typographical or other errors in the offer or administration of the Promotion, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; (8) any portion of any prize not accepted or used by any Winner will be forfeited; (9) the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; (10) the Uber has the right, in its sole discretion, to disqualify any individual it suspects: to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Promotion; (b) violating the Rules, TOU or the Privacy Policy; (c) violating any other terms, conditions of use and/or general rules or guidelines of any Promotion property or service or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Uber; (11) since any attempt by any individual to deliberately damage the App or undermine the legitimate operation of the Promotion or the App is a violation of these Rules as well as criminal and civil laws; and should Uber believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; (12) Uber has the right to conduct a background check (“Check”) of any and all records of the Winner and any guests, if any (individually, a “Participant”), including without limitation, civil and criminal court records and police reports, which they, to the extent necessary under law, shall authorize; (13) Uber may take all steps necessary to corroborate any information provided to Uber by any Participant and Participants will be obligated to provide necessary contacts and information for the Check; (14) Uber has the right, in its sole discretion, to disqualify any Participant from any prize element, based on the Check; (15) all disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Promotion, the meaning or interpretation of the Rules or any prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts located in San Francisco, California; (16) all Claims shall be resolved individually, without resort to any form of class action; (17) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased and (18) Uber has the right to modify prize award procedures at its sole discretion.

10. RULES & WINNER’S LIST: For winners’ list and/or Rules, send a self-addressed, stamped envelope to: Uber Technologies, Inc., 1455 Market St., Suite 400, San Francisco, CA 94103, Attn: Legal Transactions. A copy of the Rules may also be obtained by printing this web page.