US Holiday Program Sweepstakes Official Rules

Holiday Program Sweepstakes Official Rules

OFFICIAL RULES

Uber Technologies, Inc. (“Uber”) is sponsoring the Holiday Program Sweepstakes (the “Sweepstakes”).  The Sweepstakes 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. 

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.

1. Eligibility: The Sweepstakes is open only to legal U.S. residents, residing within the fifty (50) United States (including the District of Columbia) who are 18 years of age or older. 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 their affiliated companies, parent companies, subsidiaries, participating promotional partners, prize providers, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to enter. Additionally, individuals who are employed by any local, state or federal government office or agency, elected officials and individuals listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations.  

2. Sweepstakes Period: The Sweepstakes begins at 12:00:00 a.m. Eastern Time (“ET”) on November 27, 2023 and ends at 11:59:00 p.m. ET on December 3, 2023 (the “Sweepstakes Period”).  Uber’s computer is the official timekeeping device for entry in the Sweepstakes.  

3. How To Enter:  During the Sweepstakes Period, there are two  (2) ways to enter the Sweepstakes:

Limit one (1) entry per person, per email address and/or Uber account throughout the Sweepstakes Period, regardless of method of entry.  Entries received in excess of this stated limitation will be void.

All entries must be received by no later than the end of the Sweepstakes Period. When submitting an entry, Entrant is 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 Sweepstakes at Uber’s sole and absolute discretion. Entries submitted by persons who do not meet the eligibility 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 and will not be acknowledged or returned.

By entering the Sweepstakes, 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; (c) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agrees that Uber or their designee(s) may fulfill the Prize to the Winner, and that Uber or the Winner, may need to directly or indirectly share their information with a third party strictly for Prize fulfillment purposes. Winning the Prize is contingent upon fulfilling all requirements set forth in these Official Rules.

4.  Prize:  Ten (10) Winners (as defined below) will each receive the following prize: 

The total USD approximate retail value of the Prizes is $5,000. ONLY ELEMENTS OF THE PRIZE DESCRIBED ABOVE ARE BEING AWARDED TO WINNER. 

Live Nation Gift Cards can be used for the purchase of tickets sold through Live Nation and Ticketmaster via the internet, in the Live Nation mobile app and via telephone for Live Nation-produced events and many other events held at Live Nation venues. However, the Gift Card cannot be used for certain types of tickets or tickets to certain types of events or for tickets to events that are not in the United States. Live Nation Gift Cards cannot be used towards the purchase of Fan-to-Fan resale tickets. Live Nation Gift Cards must be used in accordance with these Terms of Use. 

Failure to provide any information as requested by the time specified by Uber or their designee for Prize fulfillment purposes, may result in Winner’s disqualification or forfeiture of the Prize. A refund or cash equivalent will not be provided to Winner in the event that the actual retail value of the Prize is different than the stated ARV. If for any reason the Prize is unavailable, Uber reserves the right to modify the Sweepstakes 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.  Uber and/or any Sweepstakes Entity reserves the right to substitute any listed prize for one of equal or greater value if the designated Prize should become unavailable for any reason. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winners.  Uber and the Sweepstakes 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 a Prize or any portion thereof. Winners agree to comply with any additional terms and conditions applicable to the Prize. The Prize is provided “as is”; Entrants acknowledge that Uber and the Sweepstakes 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 Sweepstakes materials are for illustrative purposes only.

5.  Winner Selection and Notification:  Ten (10) potential winners will be selected in a random drawing by Uber from all Eligible Entries on or about December 17, 2023.  The potential winner will be notified by phone (at the phone number provided with the entry or associated with each potential winner’s Uber account), and will be required to confirm his/her email address and/or phone number. Details will follow via email.  

Uber shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If a potential winner cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within twenty-four (24) hours (or such other time specified by Uber) from when the initial notification email is sent, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner forfeits the Prize, and an alternate potential winner will be selected. Uber, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate potential winner may be selected.  The odds of winning depend on the number of eligible entries received. 

6.  Winner Verification:  The potential winners may be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within twenty-four (24) hours after being notified of being a potential winner.

The potential winner may be required to complete and sign an Affidavit of Eligibility, release of liability, publicity release form (except where prohibited), and a completed IRS W-9 form, and the eligibility of the potential winner will be verified. If any potential winner does not complete all forms necessary within the time given and/or in the event of non-compliance by any potential winner, such potential winner shall be disqualified and shall forfeit the Prize, and all privileges otherwise due as a potential winner shall be terminated and an alternate potential winner will be chosen in a random drawing from among all of the remaining Eligible Entries. 

Provided that the potential winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as the Winners (each, a “Winner”).  Uber expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary.  

Additionally, Uber and the Sweepstakes Entities reserve the right to make a public announcement, announcing the Winners on either the Uber website, through the Uber App, or in any manner (including, without limitation, social media (e.g., Facebook, Twitter)), which they deem appropriate.

7.  Liability Release and Indemnity:  THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY UBER, Live Nation Worldwide, Inc. (“Live Nation”) OR ANY SWEEPSTAKES ENTITY, (collectively “Released Parties”) EITHER EXPRESS OR IMPLIED.  IN NO EVENT WILL RELEASED PARTIES 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 SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

By entering the Sweepstakes, Entrant agrees to indemnify, defend, and hold harmless, Released Parties 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 Sweepstakes, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize, including any travel/activity related thereto, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Sweepstakes 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 Sweepstakes, the Prize, or Uber’s advertising and marketing related to the Sweepstakes, Entrants or the Winners, in all cases, including but not limited to:  (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, misdirected or undeliverable entries or prize notifications; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize (including, without limitation, any travel or Uber trips or rides taken by Entrant in connection with using the Prize).  Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Sweepstakes, or the acceptance, receipt, or use of the Prize or any Prize component.  Entrant further agrees that in any cause of action, Released Parties liability will be limited to the value of the Prize, and in no event shall the Released Parties be liable for attorney’s fees.

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

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

9.  General Terms. Sweepstakes Entities are not responsible if the Sweepstakes 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 Sweepstakes Entities.  If, for any reason the Sweepstakes 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 Sweepstakes Entities, which, in Uber’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Uber reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing of the Sweepstakes 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 Sweepstakes Period for clarification purposes.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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. Entrant 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 Sweepstakes–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.

10.  Privacy: All information submitted by Entrants and collected by Uber in connection with Entrant’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 User Privacy Policy available at: https://www.uber.com/legal/privacy. By participating in the Sweepstakes, Entrant hereby agrees that Uber may collect and use his or her personal information submitted with the entry, and acknowledges that he or she has read and accepted the Uber User Privacy Policy.  Among other things, the information Entrants provide may be used for sending Entrants company updates and announcements about Uber and its products and/or services.

11.  Binding Arbitration:  Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES 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 Sweepstakes 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.

12.  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 Sweepstakes, 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.

13.  Accessibility of Official Rules:  A copy of the Official Rules is available via www.uber.com. Where required by law, Uber will provide the name of Winner(s) of a Sweepstakes to those who request it. For the names of Winners: (i) send a self-addressed, stamped envelope postmarked to Uber Technologies, Inc., 1515 Third  Street, San Francisco, CA 94158, Attn: Contracts – Winner List; and (ii) write the name of the Sweepstakes on the lower left hand corner of the envelope. All requests for the names of the Winners must be received within 21 days of the end of the Sweepstakes Period.

14.  Sponsored and Administered by:  Sweepstakes subject to these Official Rules are sponsored and administered by Uber Technologies, Inc., 1515 Third  Street, San Francisco, CA 94158. Live Nation is not the sponsor or administrator of Sweepstakes. 

Live Nation is not a Sponsor of the Sweepstakes and in no way responsible for the administration of the Sweepstakes, the verification of winners or the fulfillment of prizing.  All inquiries regarding the Sweepstakes should be directed to Sponsor and not to Live Nation.   

Live Nation, VIP Nation, TM+, TicketsNow, TicketExchange by Ticketmaster are trademarks of Live Nation Entertainment, Inc.