Uber Technologies, Inc. (“Uber”) is sponsoring the Uber One “Friendsgiving” Instagram 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: In order to be eligible, Entrants must be (i) a legal resident of the fifty (50) United States and District of Columbia, and (ii) at least eighteen (18) years of age. Void where prohibited by law. Employees, officers and representatives, and the immediate family members of such employees (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 any of 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 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: This Sweepstakes begins at 9:00 a.m. Eastern Standard Time (“EST”) on November 18, 2022 and ends at 11:59pm EST on November 20, 2022 (the “Sweepstakes Period”). Uber’s computer is the official time-keeping device for the Sweepstakes. All entries must be received within the Sweepstakes Period to be considered. Odds of winning the Sweepstakes depend on the number of eligible entries received during the Sweepstakes Period.
3. How to Enter: During the Sweepstakes Period (as defined below), Entrants must enter using the following method:
Using your Instagram account, locate the Sweepstakes “Friendsgiving” post on Uber Eats’ official Instagram account during the Sweepstakes Period, in the comments section of the post “tag” one (1) friend you’re visiting for Thanksgiving to receive one (1) entry (“Entry”). Limit of one (1) “tagged” friend per entry. To enter the Sweepstakes by this method, an Instagram account is required, and can be obtained at no cost at Instagram.com or by downloading the app from the appropriate app store. Data and usage rates may apply. By participating, Entrant is acknowledging and agreeing to these Official Rules. Any entries that constitute unlawful behavior will be disqualified from the Sweepstakes.
Limit of one (1) entry per individual and per Instagram account throughout the Sweepstakes Period.
All entries must be received no later than the end of the Sweepstakes Period to be considered. Multiple Entrants are not permitted to share the same email address. Any entries that constitute unlawful behavior will be disqualified from the Sweepstakes. Uber in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Sweepstakes. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entrant, the authorized account holder of the email address associated with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the entry. The potential winners may be required to show proof of being the authorized account holder. Uber will make the final determination of identity of entrants in its sole discretion. All entries submitted (or automatically received) in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.”
Each entry must meet the following requirements (“Entry Requirements”). Any entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified:
- Entry must NOT contain subject matter which is, or could be considered, in the sole discretion of the Sweepstakes Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
- Entry must NOT contain any content that promotes any particular political agenda or message;
- Entry must NOT contain any personal identification, such as personal names or e-mail addresses;
- Entry must NOT communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- Entry must NOT violate any law;
- Entry must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right), or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property;
- Entry must NOT contain any derogatory references to any of the Released Parties Entities; and
4. Prizes: Forty (40) total Sweepstakes prizes will be awarded to the Winners (defined below) as follows:
- Twenty (20) winners and one (1) “tagged” friend, each a prize winner (“Winner”) will receive a One (1) Year Uber One Membership (the “Prize”). Approximate retail value (“ARV”) is $119.88 each. Total ARV of all prizes awarded is $4,795.20.
The Prize will be applied to a Winner’s Uber account within two (2) weeks of winner verification. Winners must agree to all terms and conditions associated with Uber One, which can be found at https://www.uber.com/legal/en/document/?name=renewable-passes-terms&country=united-states&lang=en. Winners must provide credit card information in order to claim the Prize, and their Uber One membership will automatically renew after twelve (12) months unless the Winner chooses to opt-out prior to the renewal date. Subscription will auto-renew on a monthly basis starting 1-year from initial enrollment in the One (1) Year Uber One Membership Prize and every month thereafter at the then-current monthly rate, using your selected payment method. In order to ensure continuation of your subscription, you agree we may charge you up to one day before your auto-renewal date. To avoid charges: (1) if you are more than 48 hours before your auto-renewal day, cancel in the Uber One section of your Uber Eats or Uber app by selecting “Manage Membership,” selecting “End membership,” and then confirming you wish to cancel your subscription; or (2) if you are within 48 hours of your auto-renewal date, contact support to cancel. Subject to your rights under consumer laws, your recurring payment will not be refundable. See app for availability, fees, terms, and conditions. If a Winner has an existing Uber One membership, they will receive the Prize ARV in the form of Uber Credits upon redemption of the Prize and may be subject to additional terms and conditions.
No substitution, assignment, transfer, or cash equivalent of a Prize is permitted, except by Uber, who has the right to substitute a Prize with another of comparable or greater value. Uber or any Sweepstakes Entity shall have no responsibility or obligation to the Winners if they are unable to, or do 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 Prizes are provided “as is”; Entrants acknowledge that Uber has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes, 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. Uber or its designee shall fulfill the Prizes to the Winners. Winners may be required to present valid government-issued photo identification to redeem the Prize.
THE VALUE OF THE PRIZES MAY BE TAXABLE TO THE WINNER AS INCOME. 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 responsibility of the Winners (regardless of whether the prize, in whole or in part, is used).
5. Winner Selection and Notification: Potential winners will be selected in a random drawing by Uber from all Eligible Entries on or about November 21, 2022. Limit of one (1) prize per potential winner for the entire Sweepstakes Period. The potential winners will be notified via Instagram direct message and/or comment and subsequently required to provide the email address associated with each potential winner’s Uber account. If a potential winner does not have an existing Uber account, one must first be created in order to claim the prize, and the email address provided to Uber for the purposes of claiming the prize must be the same email address associated with that account.
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, provide any requested information, or confirm their email address within forty-eight (48) hours (or such other time specified by Uber) from when the initial notification direct message 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 may be selected. Uber, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners for each 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.
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 forty-eight (48) hours after being notified of being a potential winner.
The potential winners may be required to complete and sign an Affidavit of Eligibility, release of liability, publicity release form (except where prohibited), and the eligibility of the potential winner will be verified. Forms must be returned within forty-eight (48) hours (or another time designated by Uber) of receipt by a potential winner. 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 may be selected in a random drawing from among all of the remaining Eligible Entries.
Provided a potential winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as a Winner. Uber expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary. By entering or accepting any Prize, Winners allows Uber to use the Winner’s entry, name, photograph, likeness, voice, opinions, Prize information, biographical information, hometown and state for publicity and promotional purposes without further compensation where permitted by law. Except where prohibited, participation in the Sweepstakes constitutes Entrant’s consent to Uber’s use of Entrant’s entry, name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
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., Instagram, Facebook, Twitter)), which they deem appropriate.
7. Conditions of Participation. By submitting an entry for this Sweepstakes, you agree to abide by these rules and any decision Uber makes regarding this Sweepstakes, which Uber shall make in its sole discretion. Uber reserves the right to disqualify and prosecute to the fullest extent permitted by law any entrant or Winner who, in Uber’s reasonable suspicion, tampers with Uber or any Uber partner site, the entry process, intentionally submits more than a single entry, violates these rules, or acts in an unsportsmanlike or disruptive manner. Uber or their designee may fulfill the Prizes to the Winners, and Uber may share your information with a third party for Prize fulfillment purposes.
8. Intellectual Property: Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Uber’s rights to reprint, display, reproduce, perform, use, and exhibit the entry for the purpose of administering and promoting the Sweepstakes and for Uber’s marketing and advertising purposes. By participating in the Sweepstakes, each entrant grants to Uber a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the entry and materials and information submitted on and in connection with the Sweepstakes or use or receipt of the prize for any and all purposes in any medium. Each participating entrant hereby warrants that any entry and other materials and information posted or provided by entrant are original with entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the entry or information or materials posted or provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Uber in the manner set forth in the Official Rules without additional compensation.
Each entrant warrants that the entry and materials and information posted or provided do not contain information considered by entrant, its employees or personnel, or any other third party to be confidential, and that the entry, materials and information provided do not violate any laws or regulations. Entrant agrees that Uber has the right to verify the ownership and originality of all entries and that, upon Uber’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property. Entrant understands and acknowledges that in the event a submission is selected as a winning entry, and entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Uber or is in any other way ineligible, Uber may select an alternate Winner.
9. Disclaimer, Release and Limit of Liability. UBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS UBER, AND EACH OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/SWEEPSTAKES AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTIOUS CONDUCT, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance or completion of the Sweepstakes, or any part of it, for any reason, Uber, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance or completion for the Prize offered herein. No more than the forty (40) Prizes stated herein will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Uber reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. GOVERNING LAW AND DISPUTES: THESE OFFICIAL RULES AND THE SWEEPSTAKES ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
12. Accessibility of Official Rules: A copy of the Official Rules is available at [INSERT BLOG LINK]. Where required by law, Uber will provide the names of the Winners of the Sweepstakes to those who request it. For the names of the Winners: (i) send a self-addressed, stamped envelope postmarked to Uber, LLC, 1515 3rd Street, San Francisco, CA 94158, Attn: Winner List; and (ii) write the name of the Sweepstakes on the lower left hand corner of the envelope. All requests for the name of the Winner must be received within two (2) weeks of the end of the Sweepstakes Period.
13. Sponsored and Administered by: Sweepstakes subject to these Official Rules are solely sponsored and administered by Uber Technologies, Inc., 1515 3rd Street, San Francisco, CA 94158 (“Sponsor”).
14. This Sweepstakes is in no way sponsored or administered by Instagram or any of its respective parents, affiliates and subsidiaries, and Instagram does not award, sponsor, or endorse this Sweepstakes in any way. Any questions regarding the Sweepstakes should be directed to Uber.