UBER + SQUAW VALLEY ULTIMATE WINTER GETAWAY CONTEST
Official Terms and Conditions
Sponsored by Uber Technologies, Inc.
BY PARTICIPATING IN THIS CONTEST DURING THE CONTEST PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE CONTEST ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE NECESSARY TO WIN THE GRAND PRIZE OR REDEEM A PRIZE. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
Uber Technologies, Inc. (“Uber”) is offering the “Uber + Squaw Valley Ultimate Winter Getaway Contest” (the “Contest”). The Contest is subject to these official rules (the “Official Rules”), and by participating, you (“Entrant”) agree to be bound by them and the decisions of Uber, which are final and binding in all respects.
1. Eligibility: The Contest is open to all persons who are 18 years of age or older at the time of entry and who are existing or become new registered users of the Uber technology platform (the “Uber App”) during the Contest Period, follow the “@Uber_SF” Twitter account and tag each of the “@SquawAlpine” and “@Uber_SF” Twitter accounts in a tweet stating why they are excited about #UberTahoe. Only registered Uber Users who reside in the state of California or Nevada may enter the Contest. 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 Uber and each of their affiliated companies, parent companies, subsidiaries, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Contest (the “Contest Entities”) are not eligible to enter.
2. How To Participate: The Contest begins at 9:00 a.m. Pacific Time (“PT”) on December 10, 2015 and ends at 11:59 p.m. PT on December 13, 2015 (the “Contest Period”). Here is what you must do to participate:
A. Sign Up: To enter, during the Contest Period, Entrant must either (a) have an existing Uber account or (b) complete the registration process to activate an Uber account by providing the following information: first name, last name, a valid email address, password and mobile telephone number (including area code). Each Entrant who is activating a new Uber account will also be required to enter valid credit card information to register for an Uber user account, but Entrants are not required to spend money or request a ride with the Uber service to enter the Contest. Entrants may complete the registration process for an Uber account via the Uber App or online at https://get.uber.com/.
B. Tweet: Following the creation of an Uber account, Entrant must, during the Contest Period, follow the “@Uber_SF” Twitter account and tag each of the “@SquawAlpine” and “@Uber_SF” Twitter accounts in a tweet stating why they are excited about #UberTahoe. Entries will be judged based upon originality, creativity, and resonance.
Uber’s computer is the official timekeeping device for entry in the Contest. To qualify for the Contest, all Entries must be submitted by 11:59 p.m. PT on the last day of the Contest Period.
All Entrants are required to provide complete and truthful information. Any entry based on information that is incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with these Official Rules may be disqualified from the Contest at Uber’s sole and absolute discretion. Any entry that does not meet the eligibility requirements will be void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated participating methods or agents will be void. The creation of multiple Twitter accounts in order to enter the Contest multiple times is strictly prohibited.
By participating in the Contest, 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 federal, state and local laws, rules and regulations. Winning the Prize or redeeming a Prize is contingent upon fulfilling all requirements set forth in these Official Rules.
3. Prize: Five (5) prizes (each a “Prize” and collectively the “Prizes”) are available and will be awarded to the respective Winners (defined below) of the Contest.
Each Prize consists of:
• One (1) private ski session on January 9 or 10, 2016 with Jonny Moseley for 2 people
• Two (2) 2015-16 Gold Season Ski Passes, subject to Squaw Valley’s standard rules including passholder review and execution of a season pass agreement, release of liability and indemnity agreement
• Three (3) nights of standard room accommodations at The Village at Squaw Valley during the availability window. Winner must book by Dec. 24, 2015 by contacting Christy Beck; firstname.lastname@example.org; 530-584-6227.
• Three (3) days of demo equipment for 2 people during the above-defined stay
• Saturday Dawn Patrol access for 2 people on Jan. 9, 2016 only
• $100 “Mountain Money” credit for 2 people (for use at certain designated food and beverage locations only)
• Two (2) promotional codes each valid for up to $25 off of one (1) ride requested via the Uber App
The Prizes shall have an aggregate approximate retail value of $37,750. If, for any reason the Prizes, or any part of the Prizes, are unavailable for any 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 Prizes, or any portion thereof, is permitted by the Winner or any Entrant.
Uber and the Contest Entities shall have no responsibility or obligation to a Winner or any Entrant who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize. In the event a potential Winner or Entrant does not or cannot accept a Prize, an alternate Winner and Entrant will be determined among eligible Entrants on the same basis as the potential Winner of Prize was determined. All costs and expenses not specifically listed above as part of the Prizes are solely the Winner and Entrant’s responsibility, including, but not limited to, tax, license, registration, insurance and any all other costs and expenses. The Prizes are provided “as is”. Entrants 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 prizes pictured in advertising and other Contest materials are for illustrative purposes only.
The value of the Prizes will be taxable to the Winners as income. An IRS Form 1099 and W9 may be issued in the name of the Winner for the actual value of the Prize awarded. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the Prizes not specifically provided for in these Official Rules are solely the Entrant’s responsibility (regardless of whether the prize, in whole or in part, is used).
4. Winner Selection and Notification: Five (5) “Winners” will be chosen. On a date as determined by Uber (but in no event later than fourteen (14) days from the end of the Contest Period), the “Winners” of the Contest will announced based upon the originality, creativity, and resonance of their respective entries. Uber will notify each of the Winners via Twitter direct message and then by e-mail (at the email address provided by such Winner) or by phone (at the phone number provided by such Winner). Additionally, Uber and the Contest Entities reserve the right to make a public announcement announcing the Winners through the Uber app or in any manner that they deem appropriate. If a Winner of a Prize cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within one (1) business day from when the initial notification email is sent, or such Prize or a prize notification is returned as undeliverable, such Winner forfeits such Prize and an alternate Winner may be selected by Uber among the remaining Entrants. If the alternate Winner does not comply with these Official Rules or is otherwise unable to accept such Prize, such Prize is forfeited and another alternate Winner will be selected by Uber. This Winner selection and notification process shall be continued until a Winner for each Prize is confirmed.
5. Winner Verification: The Winners of the Prizes (or any alternate Winner if one must be selected) are not official and shall not be confirmed as the Winners until each Winner 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, and the eligibility of the potential Winner has been verified. Forms must be received within three (3) days after notification of winning. If a Winner (or any alternate Winner) does not complete all forms necessary within the time given and/or in the event of non-compliance by a 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 determined as provided herein.
Provided that the Winners are in compliance with these Official Rules and after having successfully proven eligibility, the Winners will be officially confirmed as the Winners. Uber expressly reserves the right to delay the announcement of the Winners 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.
6. Liability Release and Indemnity: Each Prize is offered and provided “as is” with no warranty or guarantee by Uber, either express or implied. TO THE GREATEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL UBER 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 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.
By entering the Contest, Entrant agrees to indemnify, defend, and hold harmless, Uber and any other Contest 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 Contest, (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 Contest 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 Contest, the Prize, or Uber’s advertising and marketing related to the Contest, Entrants or the Winner, in all cases, including but not limited to: (a) unauthorized human intervention in the Contest; (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 Contest or the processing of completed trip information; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Contest), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use of any prize. Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Contest, or the acceptance, receipt, or use of the Prize or any component. Entrant further agrees that in any cause of action, Uber and/or the Contest Entities’ liability will be limited to the value of the Prize, and in no event shall the Contest Entities be liable for attorney’s fees.
Uber and the Contest Entities assume no responsibility for and will disqualify and void any 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 Contest, or by any human, mechanical or electronic error that may occur in the processing of the entries 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 entries, identifying the Winners, in the announcement of the Prize and Winners, 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 www.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 Contest. Use of any device to automate or subvert entry is prohibited and any completed trips 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 administrative 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 disgrace; (iv) to have provided inaccurate information on any legal 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.
7. Grant of Rights. Except where prohibited by law, by participating in the Contest and/or winning the Prize, 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 Contest or 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 competitor’s list throughout the duration of the Contest Period and thereafter.
8. General Terms. 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, adverse weather or snow conditions, 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 or any part of the Contest. If the Contest or any part of the Contest is terminated or modified prior to the closing of the Contest Period, notice will be posted on www.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.
10. Binding Arbitration: Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTEST 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 Contest 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 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11. 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 Entrant and Uber in connection with the Contest, 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.
12. Request for Name of Winner and Official Rules: All requests for a copy of these Official Rules and for the name of the Winner must be made by January 31, 2016. For the name of the Winner and/or Official Rules: (i) send a self-addressed, stamped envelope postmarked to 1455 Market St., 4th Floor, San Francisco, CA 94103 ATTN: Contracts; and (ii) write “Winners’ Names” and/or “Official Rules” on the lower left hand corner of the envelope.
13. Sponsored and Administered by: This Contest is sponsored and administered by Uber Technologies, Inc., 1455 Market Street, Suite 400, San Francisco, CA 94103.
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