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Uber Country Music Talent Contest: Official Terms and Conditions

Sponsored by Uber Technologies, Inc.

BY PARTICIPATING IN THIS CONTEST DURING THE CONTEST PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.  READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE CONTEST ENTITIES,  LIMITATION OF YOUR RIGHTS AND REMEDIES, AND AN AGREEMENT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

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

Uber Technologies, Inc. (“Uber”) is offering the “Uber Country Music Talent Contest” (the “Contest”).  Country Music Association, Inc. is not a sponsor of this Contest. The Contest 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.

All Entrants are required to provide complete and truthful information.  Any Entry 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 Contest at Uber’s sole and absolute discretion. Any attempted Entry by an Uber User 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.

By participating in the Contest, 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 federal, state and local laws, rules and regulations. Winning any Prize is contingent upon fulfilling all requirements set forth in these Official Rules.

Warranty. By entering the Contest, Entrant warrants and represents that the submission is his/her own original work created and recorded by Entrant, has not been previously published,or used as a submission for another contest or program, that Entrant individually owns or otherwise controls all of the rights to the Entry submitted by Entrant (including, without limitation, the rights in any background photographs or other images present within a video, accompanying music, etc.) and that the Entry submitted by Entrant does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. Please understand that submitting an Entry that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make Entrant responsible for any legal action the legal copyright holder might take in relation to the Entry.

License. By submitting an Entry into the Contest, Entrant grants to Uber the right, without limitation, to display the Entry, including without limitation an audio and/or video submission, online and in any media now known or hereinafter developed. Further, Entrant agrees to grant to the Sponsor an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit the Entry, including without limitation all audio and visual components, for commercial or non-commercial use, and without compensation, attribution or further permission from Entrant.

The Approximate Retail Value (“ARV”) of each First-place prize is $7,000.  The total ARV of all First-place prizes is $21,000.

The ARV of each Second-place prize is $5,000.  The total ARV of all Second-place prizes is $15,000.

Each of the prizes discussed above may hereinafter be referred to as a “Prize.”  The total ARV of all Prizes offered in the Contest is $36,000. Actual value may differ; Uber will not award any difference between the stated ARV and the actual value of the Prize. The odds of winning any Prize is based upon the number of eligible Entries received and the skill of the Entrants.

Finalist Travel.  As discussed below, each Finalist will be required to take one (1) trip to Nashville between the dates of June 5 and June 10, 2018 for the audition, mentorship, final performance and Prize package.  Each trip will include round trip coach class airfare and four (4) nights’ hotel accommodation for Finalist and one (1) travel companion, all to be booked through the Contest Administrator. Finalist and companion must travel on the same itinerary.  Travel companion must be 18 years of age or older and will be required to sign release documents related to travel and entry into Prize-related events though no Prize is awarded specifically to the travel companion, all Prizes are for the Finalists and Winners.   If a potential Finalist is unable to travel during the stated dates the Prize will be forfeited and no other compensation will be provided. Travel will be arranged from a major airport closest to the Finalist’s residence, as determined by Uber, in its sole discretion.  Transportation between Finalists homes and the airport, between the airport and the hotel, and between the hotel and the events will be provided in the form of a code to be used toward the applicable Uber trips.  Note that ground transportation, in any form chosen by Uber, may be provided for any Finalist living within 150 miles of Nashville and no additional compensation will be provided. Travel arrangements must be made through Uber’s agent, on a carrier of Uber’s choice, and trip must be taken on dates of Uber’s choosing.  All expenses and incidental travel costs not expressly stated herein, are the responsibility of the Finalist or Winner (as applicable), including but not limited to non-included ground transportation, baggage fees, personal charges at lodging, security fees, taxes, other expenses or incidentals, and all other costs and expenses associated with participation in the Contest and/or claiming any Prize.  Any picture identification requirements associated with air travel are the winner’s responsibility and winner will be responsible for providing a valid credit card for hotel check-in to cover incidentals and non-covered charges.

Uber and the Contest Entities shall have no responsibility or obligation to a potential Winner or any Entrant who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize or any portion of a Prize. In the event a potential Winner or Entrant does not or cannot accept a Prize, an alternate potential Winner will be determined among eligible Entrants using the Criteria (defined at Section 7 below).  All costs and expenses not specifically listed above as part of the Prizes are solely the Entrant’s responsibility. The Prizes are provided “as is”. Entrants acknowledge that Uber and the Contest 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 Prize(s) depicted in advertising and other Contest materials are for illustrative purposes only.

The value of the Prizes 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 Prizes not specifically provided for in these Official Rules are solely the Entrant’s responsibility (regardless of whether the prize, in whole or in part, is used).

Phase 1: Finalist Selection: On or about May 21, 2018, a panel of judges composed of employees of Contest Administrator (“Initial Judging Panel”) will select six (6) potential finalists to move forward for final judging (each, once verified, a “Finalist”) by applying the judging criteria as specified herein (collectively, “Criteria”):

The Initial Judging Panel will give each Entry a score based upon the Criteria listed above with each category receiving equal weight in the initial judging. The six (6) Entrants with the highest scores will be chosen as potential Finalists.  In the event of a tie, the potential Finalist will be determined based upon the highest score in the category of Presence. The Initial Judging Panel’s decisions are final.

Once the potential Finalists are selected, they will be notified by email and/or telephone on or about May 22, 2018 and each potential Finalist will be asked to execute and return, by the end of the day on May 24, 2018, an affidavit of eligibility, assignment of rights, liability and (where legal) publicity release (“Prize Documents”), which will include, without limitation, their granting of permission for their names, likenesses, music and images to be displayed in connection with all advertising for Uber and the Contest and in any manner or in any media, now known or hereinafter developed. Additionally, Uber and the Contest Entities reserve the right to make a public announcement announcing the Winners through the Uber App or in any manner that they deem appropriate.  Potential Finalists will be asked to provide the Prize Documents to Uber electronically, via the mechanism described in the prize notification. The Prize Documents will also confirm each Finalist’s agreement to accept the First-place or Second-place Prize, depending upon Prize selected to receive, if eventually chosen as a Winner. The Finalist must also affirm the Warranty section at Section 4 above. Any prize may be forfeited or a potential Winner disqualified if there are any issues with acceptance of any Prize during this process. Specifically, if notification documents are returned as non-deliverable, if a potential Finalist is found to be ineligible or not in compliance with these Official Rules, does not respond within the time period specified, or cannot accept any of the mandatory terms and conditions of being a Finalist or Winner, such potential Finalist or potential Winner may forfeit the applicable Prize and Uber may move to the next highest scoring Entrant. This selection and notification process shall be continued, as needed, to fill the spots discussed.

Phase 2: Final Judging:

All Finalists will be required to travel to Nashville to perform their original musical selection. A panel of judges composed of members of the country music industry (exact judging panelists to be determined by Uber at Uber’s sole discretion) (“Judges”) will review the Finalists’ performances and select three (3) potential First-place prize Winners and three (3)  potential Second-place Prize Winners. This final judging period will occur between the dates of June 5 and June 10, 2018 and will take place in Nashville.  

The Judges will give each Finalist a score based upon the Criteria listed above. The Finalists with the highest scores will be chosen as potential Winners. In the event of a tie, the potential Winner will be determined by the highest score in the category of “Presence.” Judges’ decisions are final.  Following selection, potential Winners may be required to reaffirm agreement to Prize Documents.

Uber will announce the “Winners” on a date to be determined by Uber (but in no event later than June 10, 2018). Uber will notify the Winners by email (at the email address provided by each Winner) or by phone (at the phone number provided by each Winner) of selection as a Winner and the prize for which the Winner has been selected to receive. Additionally, Uber and the Contest Entities reserve the right to make a public announcement announcing the Winners through the Uber app or in any manner that they deem appropriate.  If a Winner cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within two (2) business days from when the initial notification email is sent, or the Prize notification is returned as undeliverable, such Winner forfeits the Prize and an alternate Finalist may be selected by Uber among the remaining Finalists. If the alternate potential 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.  This Winner selection and notification process shall be continued until a Winner for each Prize is confirmed.

By entering the Contest, Entrant agrees to indemnify, defend, and hold harmless, Uber,  Contest Entities, and the Country Music Association 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 Contest, including without limitation any claims related to interference with a contract to the extent any Entrant is subject to an agreement that may impact participation in this Contest;  (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of any Prize; (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Contest (including the Entry) or acceptance and use or any Prize; and/or (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Contest (including the Entry), any Prize, or Uber’s advertising and marketing related to the Contest, Entrants or any Winner,  in all cases, including but not limited to: (a) unauthorized human intervention in the Contest; (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 Contest or the processing of completed trip 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 Contest), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use of any prize.  Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Contest, or the acceptance, receipt, or use of the Prize or any component. Entrant further agrees that in any cause of action, Uber and/or the Contest Entities’ liability will be limited to the ARV of the Prize, and in no event shall the Contest Entities be liable for attorney’s fees.

Uber and the Contest Entities assume no responsibility for and will disqualify and void 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 Contest, or by any human, mechanical or electronic error that may occur in the processing of the Entries in the Contest, or other errors appearing within the Official Rules or in the Contest related advertisements. Uber and the Contest Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Contest, errors in processing Entries, identifying the Winner, in the announcement of the Prize and Winner, the delivery of any Prize or portion thereof, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any email or players on account of technical problems or traffic congestion on the Internet or on any web site including www.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 Contest.  Use of any device to automate or subvert Entry is prohibited and any completed trips 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 Contest; (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 Contest Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Contest or in connection with use of the Uber app; 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 CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 Contest–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.

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