Terms and Conditions: Uber + KLM Sweepstakes

READ THESE TERMS CAREFULLY BEFORE PARTICIPATING. YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND AGREED TO BE BOUND BY THEM WHEN PARTICIPATING IN THIS PROMOTION. AMONG OTHER THINGS, THESE TERMS INCLUDE INDEMNITIES FROM YOU TO THE PROMOTER AND ITS AFFILIATES AND LIMITATIONS OF YOUR RIGHTS AND REMEDIES.

Win a winter jet-away with Uber + KLM

Terms and Conditions

  1. The “Win a winter jet-away with Uber and KLM” promotion (the “Promotion”) is open to US residents residing in Massachusetts or Rhode Island, aged 18 years or over who have a valid Social Security number and who have an active e-mail account and Internet access prior to the beginning of the Promotion, except employees of the Promoter, their families, agents or any third party directly associated with administration of the prize draw. Proof of age and/or identity may be required. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
  2. To take part in the Promotion you must either:
    • A. refer a friend to Uber during the Promotion Period using your personal Uber invite code, which can be found in the “Free Rides” section of the Uber app or at riders.uber.com/invite (a “Referral”); OR
    • B.hand write your name, mailing address, phone number, e-mail address and the name of the Sweepstakes on a 4”x6” card and mail to: Uber Technologies, Inc., 1455 Market Street, Suite 400, San Francisco, CA 94103, Attn: Transactions. Mail-in entries must be received on or before the last day of the Promotion Period.
  3. There is no limit to the number of friends that you can refer. For each Referral you achieve, you will get one entry into the Promotion prize draw (the “Prize Draw”). Further details of the Prize Draw are in paragraph 7 below.
  4. Any friend that you refer to Uber will get up to $20 off their first trip using the Uber service. Once your referred friend has taken their ride, they will get up to $20 back into their Uber account for their next trip.
  5. The opening date of the Promotion, and the time when the counting of Referrals will start, begins at 12:00pm EST on 5th October 2015 and ends at 12:00pm EST on 11 October 2015 (the “Promotion Period”). Entries received after this time will not be counted in the Prize Draw.
  6. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
  7. The Prize Draw shall take place on 12 October 2015 [at approximately][after][TIME] (the “Prize Draw”) whereby three (1) winners of the Prize Draw will be chosen at random performed by a computer process.
  8. Each winner will receive:
  9. (a) two (2) KLM round-trip Economy Class tickets from any US gateway to any European city that KLM serves, subject to availability. The value of the airfare prize is $4,000.00. Winner and travel companion shall be responsible to pay all applicable individual taxes related to the acceptance and use of the prize.
Relative to the KLM round-trip Economy class tickets, Winner and travel companion may depart from any of the KL gateways and the return flight must originate from the selected European city. In the event that at time of Winner’s travel dates KLM no longer operates from the winner-selected gateway, tickets will have to be reissued departing from a USA gateway where KLM still operates with Winner/travel companion shall be responsible for all costs associated with transportation to and from the outbound KLM USA gateway. The KLM round-trip Economy tickets are only valid for KLM operated flights (i.e. no codeshares) and may not be applied towards accruals for any frequent flyer or similar-type program. Tickets may be subject to certain restrictions, including without limitation, availability and blackout dates; Promoter will attempt to accommodate the Winner’s preferred dates but has no obligation to do so and all specifics thereof will be at KLM’s sole discretion. KLM flight numbers and dates of travel for the Winner’s traveling companion must mirror those of the Prize Winner (i.e. they must travel together); all terms and conditions attached to Winner’s travel shall also apply to travel companion. The routing of the Economy class tickets must be direct to Amsterdam (AMS). No additional travel is allowed with the Economy class tickets; segments other than the flight to the destination cannot be added to the tickets. KLM will report value of prize as required by law. Travel must be booked at least three (3) weeks before the departure and no sooner than 6 months prior to departure date. All travel must be completed no later than August 1, 2016. Once issued, tickets cannot be changed or modified. Economy class prize tickets are nonrefundable, nontransferable, not for sale, and no substitution by Winner and travel companion or cash equivalent is allowed, except at KLM’s sole discretion. Economy class prize tickets are not valid for upgrades. Promoter will not replace any lost, mutilated, or stolen tickets or travel vouchers and is not responsible if the trip is delayed, postponed, or cancelled for any reason. Winner and travel companion are responsible for obtaining all necessary travel documentation including passports and visas. Arrangements for the fulfillment of the Economy class tickets will be made by KLM. Only after all required documentation is returned to the Promoter and the winner is verified will the applicable Prize be awarded. Failure to comply with all terms and conditions will result in forfeiture of the Prize. Extensions are not permitted at any time. The Promoter reserves the right at its sole discretion to substitute the Prize (or any prize component) with another prize of equal or greater value. Certain other blackout dates and other restrictions may apply.
    (b) Transport through the Uber service to and from the applicable originating airport on the date of outward and return travel, as available ((a) and (b) immediately above collectively the “Prize”)
  10. The Prize does not include travel insurance or any other item not specifically enumerated in Section 8.
  11. The Promoter assumes no responsibility for any typographical or other error in the administration of the Promotion or the Prize Draw, errors in processing entries, identifying the winners, in the announcement of the winners or the delivery of the Prizes.
  12. The winners will be notified by email before October 13, 2015 and will be provided with details of how to claim their Prize. If a winner does not respond to the Promoter within 14 (fourteen) days of being notified by the Promoter, then the Prize will be forfeited and the Promoter will be entitled to determine another winner in accordance with the processes described above.
  13. The Promoter reserves the right to replace the Prize (or any part of it) with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so. The Prize (or any part of it) is non-exchangeable, non-transferable and no cash alternative is offered.
  14. The decision of the Promoter regarding any aspect of the Prize Draw is final and binding and no correspondence will be entered into about it.
  15. Third party terms and conditions apply to the parts of the Prizes where applicable.
    The winner’s name and county can be obtained by sending an email to emailentry@uber.com within 30 of days after the date of the closing date of the Prize Draw.
  16. 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 entry, or refuse to award the Prize to anyone in breach of these terms and conditions.
  17. The Promoter reserves the right to hold void, cancel, suspend, or amend the Promotion where it becomes necessary to do so.
  18. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate you 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 your participation in the Promotion or taking up the Prize, 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, except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
  19. Winners may be required to participate in publicity related to the Prize Draw which may include the publication of their name and photograph in any media.
  20. Personal data supplied during the course of this Promotion may be passed on to third party suppliers only insofar as required for fulfillment/delivery/arrangement of the Prize.
  21. The Promoter reserves the right to modify and amend these Terms and Conditions from time to time during the Promotion Period.
  22. 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.
  23. 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 shall prevail, govern and control and the discrepancy will be resolved in Promoter’s sole and absolute discretion.
  24. Except where prohibited by law, you agree that any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to the Promotion, the Prize Draw or the Prize 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.
  25. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of you and Promoter or its affiliates in connection with the Promotion, the Prize Draw or the Prize (whether contractual or non-contractual), shall be governed by, and construed in accordance with the laws of the State of New York.
  26. The Promoter of this Promotion is Uber Technologies, Inc., located at 1455 Market Street, Suite 400, San Francisco, CA 94103.
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