Terms and Conditions: Uber Nantucket VIP Getaway

Official Terms and Conditions
Sponsored by Uber Technologies, Inc.

BY PARTICIPATING IN THIS CHALLENGE DURING THE CHALLENGE 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 CHALLENGE ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.

Uber Technologies, Inc. (“Uber”) is offering the “Uber Nantucket VIP Getaway Challenge” (the “Challenge”). The Challenge is subject to these official rules (the “Official Rules”), and by participating, you (“Participant”) agree to be bound by them and the decisions of Uber, which are final and binding in all respects.

1. Eligibility: The Challenge is open to legal residents of the Commonwealth of Massachusetts and the State of Rhode Island who are 18 years of age or older at the time of entry who are existing or become new registered users of (i) the Airbnb service and (ii) the Uber service and who receive a promotional code for the Challenge (“Challenge Code”) via email, blog post or social media during the Challenge Period. The Winner (defined below) and Winner’s three (3) guests must be available to be in Boston, Massachusetts to receive the Prize (defined below).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, Airbnb, Inc., CRRW Inc. d/b/a Beacon and The Nantucket Film Festival and each of their affiliated companies, parent companies, subsidiaries, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Challenge (the “Challenge Entities”) are not eligible to enter.

2. How To Participate: The Challenge begins at 12:00 p.m. Eastern Time (“ET”) on June 19, 2015 and ends at 9:00:00 a.m. ET on June 23, 2015 (the “Challenge Period”). An Uber user account is required to enter the Challenge, so Entrants must either have an existing Uber user account or must activate a new Uber user account to enter the Challenge. Here is what you must do to participate:

A. Sign Up: During the Challenge Period, download the free Uber mobile application (if you do not already have it) and either (a) sign in to your Uber user account or (b) complete the registration process to activate an Uber user account by providing the following information: first name, last name, a valid email address, password and mobile telephone number (including area code); then, follow any on-screen entry instructions to enter the Challenge 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 Challenge.

B. Refer. Upon entry of the Challenge Code, each eligible Entrant will receive one (1) entry in the Challenge for each new Uber user that signs up using Entrant’s personal referral code (“Referral Entries”). Users may locate and share their personal referral code in the Uber mobile application “free rides” setting.

Uber’s computer is the official timekeeping device for entry in the Challenge. To qualify for the Challenge, all Referral Entries must have created Uber user accounts by 9:00:00 a.m. ET on June 23, 2015. Normal time rates, if any, charged by the Entrants’ Internet service or mobile provider will apply.

All participants are required to provide complete and truthful information. Any Referral Entries 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 Challenge at Uber’s sole and absolute discretion. Any Entrant that does not meet the eligibility requirements is void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated participating methods or agents will be void. Once the Referral Entries meet the Challenge requirements set forth herein, they are considered “eligible entries” and such Entrant will receive one (1) entry for each Referral Entry for a chance to win the Prize as contemplated by these Official Rules.

By participating in the Challenge, 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.

3. Prize: One (1) Grand Prize (the “Prize”) is available and will be awarded to the respective Winner (defined below) of the Challenge. The Prize consists of (i) round trip airfare for four (4) people from Boston, Massachusetts to Nantucket, Massachusetts [ARV: $6,000], (ii) $2,000 single-use (non carry-over) coupon for use on Airbnb [ARV: $2,000], (iii) two (2) patron passes and two (2) sponsor passes to the 2015 Nantucket Film Festival [ARV: $6,000] and (iv) up to $200 in promotional Uber credits (valid from June 26, 2015 through June 28, 2015) [ARV: $200].

If for any reason the Prize, or any part of the Prize, is unavailable for any reason, Uber reserves the right to modify the Challenge 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 Grand Prize, or any portion thereof, is permitted by the Winner. Uber and the Challenge 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 the Prize. In the event a potential Winner cannot accept the Prize, an alternate Winner will be determined among Entrants with eligible entries on the same basis as the potential Winner was determined. All costs and expenses not specifically listed above as part of the Prize are solely Winner’s responsibility, including, but not limited to, tax, license, registration, insurance and any all other costs and expenses. The Prize is provided “as is”. Participants acknowledge that Uber and the Challenge 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 Challenge materials are for illustrative purposes only.
The value of the Prize will be taxable to the Winner as income. An IRS Form 1099 and W9 will 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 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).

4. Winner Selection and Notification: The “Winner” will be chosen based on the number of eligible entries received. Each Entrant will receive one (1) entry each time the Entrant meets the entry requirements set forth in Section 2 above during the Challenge Period. On a date to be determined by Uber (but in no event later than forty-eight (48) hours from the end of the Challenge Period, the “Winner” of the Challenge will be randomly selected from the total number of eligible entries. Uber will notify the Winner within one (1) business day of the drawing by email (at the email address provided by the Winner) or by phone (at the phone number provided by the Winner). Additionally, Uber and the Challenge Entities reserve the right to make a public announcement announcing the Winner through the Uber mobile application 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 two (2) hours from when the initial notification email is sent, or the Prize or a prize notification is returned as undeliverable, the Winner forfeits the Prize and an alternate Winner may be selected by Uber among remaining Entrants with eligible entries. 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 by Uber among Entrants with eligible entries. This Winner selection and notification process shall be continued until a Winner for each Prize is confirmed.

5. Winner Verification: The Winner of any Prize (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, and the eligibility of the potential Winner has been verified. Forms must be received within twenty-four (24) 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 determined as provided herein.
Provided that the Winner is in compliance with these 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.

6. Liability Release and Indemnity: Each Prize is offered and provided “as is” with no warranty or guarantee by Uber, either express or implied. By participating in the Challenge, the Winner acknowledges that Uber and/or the Challenge Entities have not and will not obtain or provide automotive or other insurance of any kind relating to the Prize and that the Winner will be responsible for obtaining and paying for any form of insurance relating to the Prize required by law or that the Winner otherwise deems appropriate. TO THE GREATEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL UBER BE LIABLE TO PARTICIPANT 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 PARTICIPANT’S PARTICIPATION IN THE CHALLENGE, 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 CHALLENGE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

By entering the Challenge, Participant agrees to indemnify, defend, and hold harmless, Uber and any other Challenge 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 Challenge, (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 Challenge 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 Challenge, the Prize, or Uber’s advertising and marketing related to the Challenge, Participants or the Winner, in all cases, including but not limited to: (a) unauthorized human intervention in the Challenge; (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 Challenge or the processing of Referral Entry 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 Challenge), which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Challenge or receipt or use of any prize. Participant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Challenge, 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 Challenge Entities’ liability will be limited to the value of the Prize, and in no event shall the Challenge Entities be liable for attorney’s fees.

Uber and the Challenge Entities assume no responsibility for and will disqualify and void Referral 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 Challenge, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Challenge, or other errors appearing within the Official Rules or in the Challenge related advertisements. Uber and the Challenge Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Challenge, 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 Challenge. Use of any device to automate or subvert entry is prohibited and any Referral 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 administrative process or the operation of the Challenge; (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 Challenge Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Challenge; 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 CHALLENGE AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

7. Grant of Rights. Except where prohibited by law, by entering the Challenge 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 Challenge 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 Challenge Entities putting his or her name on a winner’s list. Please note that Uber may not acknowledge or return any entries.

8. General Terms. The Challenge Entities are not responsible if the Challenge 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 Challenge Entities. If, for any reason the Challenge 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 Challenge Entities, which, in Uber’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Challenge, Uber reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Challenge or any part of the Challenge. If the Challenge or any part of the Challenge is terminated or modified prior to the closing of the Challenge 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 Challenge Period for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE 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 Challenge–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.

9. 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 Privacy Policy available at https://www.uber.com/legal/privacy. By participating in the Challenge, Participant hereby agrees that Uber may collect and use his or her personal information submitted in connection with the Challenge, and acknowledges that he or she has read and accepted the Uber 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.

10. Binding Arbitration: Except where prohibited by law, Participant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CHALLENGE 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 Challenge 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.

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 Participant and Uber in connection with the Challenge, 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 July 2, 2015. For the name of the Winner and/or Official Rules: (i) send a self-addressed, stamped envelope postmarked to Uber Nantucket VIP Giveaway Challenge, 1455 Market St., Suite 400, San Francisco, California 94107, Attn: Kelly Rodriguez; and (ii) write “Winners’ Names” and/or “Official Rules” on the lower left hand corner of the envelope.

13. Sponsored and Administered by: This Challenge is sponsored and administered by Uber Technologies, Inc., 1455 Market Street, Suite 400, San Francisco, CA 94103.

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