Giveaway Official Rules

Official Rules for “Refer a Friend, Win a Free Honda BR-V

OFFICIAL RULES

Uber B.V. (“Uber”) will conduct the Uber promotion, “Refer a Friend, Win a Free Honda BR-V” in Manila, the Philippines (the “Event”) substantially as described in these rules. By entering or participating, each entrant or participant (“Entrant”) agrees to these official rules (the “Official Rules”) and the decisions of Uber, which are final and binding in all respects.

1.  Eligibility:  Unless otherwise specified, the Event is open only to Filipino Citizens (i) who are eighteen (18) years of age or older at the time of entry; and (ii) who are registered on the Uber driver-partner app as an active individual driver-partner in good standing (to be determined by Uber in its sole and absolute discretion) at the time of entry (“Eligible Entrants”).  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 or its affiliated companies, parent companies, subsidiaries, participating promotional partners, , advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfilment of the Event (collectively, the “Event Entities”) are not eligible to enter.

2. How To Enter:  The Event will begin at 00:01 a.m. December 19, 2016 and 11.59 p.m. February 5, 2017 (the “Event Period”). The Event can be entered into by the Entrant by completing all of the following steps: (i) Offering consent to enter the competition via a web link, which shall be provided by Uber) during the sign-up period (being December 19, 2016 to February 5, 2017, both inclusive); and (ii) completing one or more Successful Referrals (as defined below) during the Event Period. Certain of the Gifts (as that term is defined below) are open only to those Entrants who have made above a certain number of Successful Referrals (as described further below).

For purposes of this Event, a “Successful Referral” shall mean completion of all of the following steps: (i) the Entrant referring a person as a new driver-partner (the “Referee”) on the driver-partner app, and the Referee meeting the terms and conditions of Uber (to be determined in its sole discretion) as a new driver-partner. The Referee must not be related to the Entrant. The Referee must not be active on the Uber DOST app . Further, the Referee shall not have any existing Uber driver-partner accounts, whether active or inactive, including but not limited to through its employment or association with a fleet partner of Uber; (ii) the Referee entering the sign-up code of the Entrant when registering as a new driver-partner, (iii) the Referee successfully completing 30 trips on the Uber driver-partner app during the Event Period; and (iv) the Entrant remaining active on the Uber platform and in good standing (to be determined by Uber in its sole and absolute discretion) at the end of the Event Period; and any other Criteria as may be applicable (as defined below). Uber’s computer is the official timekeeping device for entry in the Event.

The first and second Successful Referrals shall each entitle the Entrant to one entry into the Event. The third and fourth Successful Referrals shall each entitle the Entrant to three entries into the Event. The fifth and any subsequent Successful Referrals shall each entitle the Entrant to five entries into the Event.

At all times, the 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 Event 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 reserves the right to disqualify, without need of prior notice, any entry from individuals who do not meet the eligibility requirements or any other Entrant or Referee found to be committing fraudulent or dishonest acts in order to be considered as Successful Entrants. All Entrants who are not disqualified are considered “Eligible Entrants”.

By entering the Event, 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 laws, rules and regulations. Getting the Gift is contingent upon fulfilling all requirements set forth in these Official Rules.

3.  Gifts:  The gifts to be provided to the winners of the Event (the “Successful Entrants”) will consist of the following different items (each, a “Gift”, and collectively, the “Gifts”), with one (1) item to be gifted to one (1) Successful Entrant, with no Successful Entrant being rewarded more than one (1) item). The types of Gifts available, the total number of each Gift available, the Criteria for entry into the draw for such Gift, and the frequency of the giveaway of such Gift, are set out as follows:

Gifts

# of Winners

Criteria

Timing of Draw and Selection of Winner

1. Free Honda BR-V

1

  • Minimum of 3 Successful Referrals. Each successful referral equals one entry in the draw
  • End of campaign period

2. P500,000 cash

1

  • Minimum of 3 Successful Referrals. Each successful referral equals one entry into the draw
  • End of campaign period

3. Free Gas for one year (up to a maximum of PHP 168,000)

1

  • Minimum ofEvery 3 Successful Referrals. Each successful referral equals one entry into the draw
  • End of campaign period

4. Free Petron Engine Oil (worth up to PHP 10,000)

1 winner per week (7 total)

  • Each Successful Referral equals one entry into the draw
  • Every week

5. Uber Service Fee Rebate for one month

15 winners per week (90 total)

  • Each Successful Referral equals one entry into the draw
  • Every week

6. P10,000 cash

5 winners per week (30 total)

  • Each Successful Referral equals one entry into the draw
  • Every week

 

If for any reason any of the Gifts, or any part thereof, is unavailable or any part of a Gift or related event is delayed, cancelled or postponed, or for any other reason, Uber reserves the right to modify the Event in its sole discretion and award a substitute gift, or portion of gift, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Gift, or any portion thereof, is permitted by the Successful Entrant.  Uber and the Event Entities shall have no responsibility or obligation to a Successful Entrant who is unable or unavailable to, or who does not for any reason, accept or utilize the Gift or any part thereof. In the event a potential Successful Entrant cannot accept the Gift or any part thereof, Uber will decide who will be awarded with the Gift.  All costs and expenses not specifically listed above as part of the Gift are solely the Successful Entrant’s responsibility.  Successful Entrants agree to comply with any additional terms and conditions applicable for attending the Event. Each of the Gifts is provided “as is”. Entrants acknowledge that Uber and the Event 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 Gifts, including any implied warranty of merchantability of fitness for a particular purpose. 

Other than the Gifts described in 1, 2 and 4 above, the value of the Gifts will be taxable to the Successful Entrant as income. All tax liability, and any other costs and expenses associated with acceptance or use of the Gift not specifically provided for in these Official Rules are solely within the Successful Entrant’s responsibility (regardless of whether the gift, in whole or in part, is used). Uber reserves the right to request that the Successful Entrant of such Gifts provide a written undertaking to fulfill any tax obligations arising from their receipt of such Gifts.

4.  Successful Entrant Selection and Notification:  The Successful Entrants of the Event will be determined according to the method specified by Uber at Uber’s sole and exclusive discretion.

Uber’s appointed judges (“Judges”) will select the Successful Entrants by applying the judging criteria as set out in these terms and conditions, and as otherwise specified by Uber (collectively, “Criteria”).The Successful Entrants will be selected based on the Criteria. The decisions of the Judges will be final on all matters relating to the judging.

Each of the Gifts will be awarded to the authorized account holder of the email address registered on the Uber rider account in which the promotional code was entered. The authorized account holder is the person who is assigned to the e-mail address by an Internet service provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses.  The Successful Entrants will be notified on: (i) as relates to items 1 and 2 of the Gifts described above, on February 8, 2017; and (ii) as relates to items 3, 4,, and 5 and 6 and 6 of the Gifts described above, at such time as is practicable following each draw, by email (at the email address registered on the Uber platform), by phone (at the phone number registered on the Uber platform), or such other method specified by Uber, and will be required to confirm their email addresses and/or phone numbers.

Additionally, Uber and the Event Entities reserve the right to make a public announcement, announcing the Successful Entrants 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. For this purpose, all Successful Entrants hereby unequivocally grant Uber and the Event Entities a worldwide, non-exclusive and royalty free license to commercially use and exploit any and all intellectual property pertaining to such Successful Entrants, when necessary for the purpose of making the foregoing announcement/s or releases.  If a Successful Entrant cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within one (1) day (or such other time specified by Uber) from when the initial notification email is sent, the Successful Entrant forfeits its Gift, and an alternate Successful Entrant will be selected.  If the alternate Successful Entrant does not comply with these Official Rules or is otherwise unable to accept the Gift, the Gift is forfeited and another alternate Successful Entrant will be selected.  This Successful Entrant selection and notification process shall be continued until a Successful Entrant is confirmed.  If a Gift or a gift notification is returned as undeliverable, the Gift will be forfeited and an alternate Successful Entrant will be selected.

5.  Successful Entrant Verification:  Uber may, in its sole discretion, require the Successful Entrants to prove eligibility and verify his or her identity.

If a Successful Entrant (or any Successful Entrants) is unable to prove eligibility within the time given and/or in the event of non-compliance by a Successful Entrant (or alternate Successful Entrant), such Successful Entrant (or alternate Successful Entrant) shall be disqualified and shall forfeit its gift, and all privileges otherwise due as a Successful Entrant shall be terminated and an alternate Successful Entrant will be chosen in a random drawing from among all of the remaining Eligible Entrants.  

Provided that the Successful Entrants are in compliance with the Official Rules and after having successfully proven eligibility, the Successful Entrants will be officially confirmed as the Successful Entrants.  Uber expressly reserves the right to delay the announcement of the Successful Entrants for any reason it deems necessary.  In addition, Uber reserves the right to select an alternate Successful Entrant in the event that any Successful Entrant fails to comply with these Official Rules.

6.  Liability Release and Indemnity:  SUBJECT TO THE LAST SENTENCE, EACH OF THE GIFTS IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY UBER OR ANY EVENT ENTITY, EITHER EXPRESS OR IMPLIED.  IN NO EVENT WILL UBER OR ANY EVENT ENTITY 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 EVENT, 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 EVENT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

By entering the Event, Entrant agrees to indemnify, defend, and hold harmless, Uber and any other Event 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 Event, (ii) without limitation, property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Gift, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Event or acceptance and use or the Gift, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Event, the Gifts, or Uber’s advertising and marketing related to the Event, Entrants or the Successful Entrants, in all cases, including but not limited to:  (a) unauthorized human intervention in the Event; (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 Event 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 Event), which may be caused, directly or indirectly, in whole or in part, from Entrant’s receipt or use of any gift (including, without limitation, any travel or Uber trips or rides taken by Entrant in connection with using the Gift).  Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Event, or the acceptance, receipt, or use of the Gift or any Gift component.  Entrant further agrees that in any cause of action, Uber and/or the Event Entities’ liability will be limited to the value of the Gift, and in no event shall the Event Entities be liable for attorney’s fees.

Uber and the Event 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 Event, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Event, or other errors appearing within the Official Rules or in the Event related advertisements. Uber and the Event Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Event, errors in processing entries, identifying the Successful Entrants, in the announcement of the Gifts and Successful Entrants, the delivery of the Gifts, 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 Event.  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 Event; (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 Successful Entrant, Uber or the Event Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Event; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A SUCCESSFUL ENTRANT WILL RESULT IN SUCH SUCCESSFUL ENTRANT’S DISQUALIFICATION AS A SUCCESSFUL ENTRANT OF THE EVENT AND ALL PRIVILEGES AS A SUCCESSFUL ENTRANT WILL BE IMMEDIATELY TERMINATED.

  1. Grant of Rights.  Except where prohibited by law, by entering the Event and/or winning the Gift, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, entry, statements attributed to Entrant (if true) and any video footage related to the Gift, for all Event 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 Event Entities putting his or her name on a Successful Entrants’ list.  Please note that Uber may not acknowledge or return any entries.

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

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE EVENT 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 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 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 Event, 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.

10.  Binding Arbitration:  Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE EVENT OR ANY GIFT 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 Event or any gift awarded shall be resolved by binding arbitration administered by the International Court of Arbitration (“ICC”) in accordance with the ICC Rules of Arbitration then in effect (“Rules”); (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the Rules; (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. 

11.  Governing 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 Event, shall be governed by, and construed in accordance with, the laws of the Netherlands.

12.  Accessibility of Official Rules:  A copy of the Official Rules is available via t.uber.com/bagonghonda. Where required by law, Uber will provide the name of the Successful Entrants of the Event to those who request it.

13.  Sponsored and Administered by: Events subject to these Official Rules are sponsored and administered by Uber B.V., Vijzelstraat 68-78, 4th Floor, 1017 HL, Amsterdam, The Netherlands.