EBAY LOVE TO GIVE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO (A) LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE AND OLDER, WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA; AND (B) LEGAL RESIDENTS OF CANADA (EXCLUDING THE PROVINCE OF QUEBEC) WHO ARE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN CANADA (EXCLUDING THE PROVINCE OF QUEBEC). VOID IN PUERTO RICO, THE PROVINCE OF QUEBEC AND WHERE PROHIBITED.
1. ELIGIBILITY: The eBay Love To Give Sweepstakes (the "Sweepstakes") is open to a) legal residents of the fifty (50) United States and the District of Columbia, 18 years of age and older, who are physically located and reside in the United States or District of Columbia; and (b) legal residents of Canada (excluding the Province of Quebec) who are of the age of majority in their Province or territory of residence and who are physically located and reside in Canada (excluding the Province of Quebec)(“Eligible Participant”). Void in Puerto Rico, the Province of Quebec and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of eBay Inc.(“Sponsor”), its parent company, affiliates, subsidiaries, divisions, advertising and promotion agencies, Mekanism and Strobe Promotions, Inc., are not eligible. Sweepstakes is subject to all federal, state, and local laws. U.S. law governs this Sweepstakes and personal jurisdiction shall exclusively be the state and federal courts located in Santa Clara, California.
2. TIMING/DESCRIPTION: The Sweepstakes begins at 8:00:00 am Pacific Time (PT) on December 8, 2010, and ends 11:59:59 am PT on December 12, 2010 (the "Sweepstakes Period"). There will be one (1) Grand Prize awarded in a random drawing at the end of the Sweepstakes Period.
3. HOW TO ENTER: There are two ways to enter the Sweepstakes: (1) via Twitter, Eligible Participants must have a non-private Twitter account (“Twitter Account”). If you already have a Twitter Account, log in to your Twitter account. If you are not an existing member of Twitter, you will be required to follow the directions and join Twitter. When you join Twitter, you are indicating that you have read and agree to accept the Twitter Terms of Service and Privacy Policy. Membership to Twitter.com is free. To enter the Sweepstakes via Twitter, sign in at Twitter.com, go to (url) and click “Follow.” Use the hashtag #unwrapattak and tweet your answer to one of the following questions: "Tell us your best unwrap attack story," OR "What gift would give you an unwrap attack this holiday season?" Your tweet should be directed to the person that originally wrote about the sweepstakes, @ShawneeH. (2) via Blogging, Eligible Participants must go to http://shawneett.blogspot.com and enter the Sweepstakes via the comments section of the blogger's post regarding eBay's Love to Give campaign by posting an answer to one of the following questions, "Tell us your best unwrap attack story," OR "What gift would give you an unwrap attack this holiday season?" in 350 words or less. Entrants must include their name and email address. All entries must be received by 11:59:59 am PT on December 12, 2010 to be eligible. There is a limit of two (2) entries per person (one per Twitter account and one via blogging) in the Sweepstakes. Subsequent entries submitted by the same person/Twitter account or email address are void. The Website's database clock will be the official timekeeper for the online portion of the Sweepstakes. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entries that are mechanically reproduced, copied, illegible, incomplete, or inaccurate are void. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected entries. Sponsor’s decisions are final on all matters relating to this Sweepstakes. Entries become the property of the Sponsor and will not be acknowledged or returned. If a dispute results as to the identity of an online entrant, entries will be deemed to have been submitted by the authorized account holder of the email address or associated with the username used to enter via Twitter. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address, or a username by twitter.com. You must enter using an email address or a twitter.com account subscribed to and registered in your name. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the email address or user name/Twitter Account associated with the winning entry.
Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor in its sole discretion. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any entry, proper names, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the internet) without additional compensation, except where prohibited by law.
SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY ENTRY POSTED TO THE WEBSITE THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS SWEEPSTAKES AND VOID THAT ENTRY AT THE SPONSOR’S SOLE DISCRETION.
ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRY MATERIALS SUBMITTED IN CONNECTION WITH THIS SWEEPSTAKES ARE SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, FOR ADVERTISING AND PROMOTIONAL PURPOSES.
4. DETERMINATION OF GRAND PRIZE WINNER: One (1) Grand Prize winner will be selected in a random drawing on or about December13, 2010 from among all eligible entries received during the Sweepstakes Period. The random drawing will be conducted by Mekanism, located in San Francisco, CA. Judges’/Sponsor’s decisions are final on matters relating to this Sweepstakes. Potential Grand Prize winner will be notified by a Twitter direct message and/or by electronic mail and/or overnight or U.S. mail and/or telephone on or about December 13, 2010. Potential Grand Prize winner may be required to sign an affidavit/declaration of eligibility/liability release and where legal, a publicity release, and if a U.S. resident, a Federal and State tax release, and return these documents, properly executed, within 7 days of issuance of notification. Non-compliance within this time frame or with these Official Rules, or if prize or prize notification is returned as undeliverable, will result in the entrant being disqualified, and the prize will be awarded to a potential alternate winner. As a condition for receiving a prize, winner who is a resident of Canada will be required to correctly answer (unaided) a time-limited mathematical skill-test question. Allow 6-8 weeks for delivery of prize. Odds of winning depend upon the number of eligible entries received.
5. GRAND PRIZE: One (1) Grand Prize: A $100 eBay Gift Certificate. Approximate Retail Value (ARV): $100 USD. All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winner. eBay Gift Certificate prize will be deposited into the winner’s PayPal account (the “PayPal Account”). Recipient must have or must create a PayPal Account at time of prize award at www.PayPal.com (the “PayPal Site”) to access prize and to use the eBay Gift Certificate funds. A prize will not be awarded to a winner with a locked, closed or restricted account. If you are an existing PayPal customer, your prize will be deposited in the PayPal account associated with the email address you provided. If the email address you provided is not associated with your PayPal account, you must associate it with your PayPal account within 7 days from time of prize notification. If you do not currently have a PayPal.com account, you must create a PayPal account within 7 days from the time of prize notification to qualify. Follow directions at www.PayPal.com to sign up for an account. Prize will be deposited in the winner’s PayPal account on or about (date). You must have an eBay account and PayPal account to redeem this prize. There is no expiration date or fees. eBay Gift Certificate amount valid only when recipient pays with and the seller accepts PayPal. Gift Certificate funds are void for off-eBay purchases. EBay Gift Certificates may not be transferred. Use of eBay Gift Certificates subject to terms & conditions at http://giftcertificates.ebay.com/terms.html. Prize is not transferable and no substitutions or cash equivalents are permitted, except that Sponsor at its sole discretion, may substitute the prize with a prize of equal or greater value. Specifics of the prize are in Sponsor’s sole discretion. If winner is deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian.
6. CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements. Use of any eBay Site and Sponsor’s use of information submitted by entrants in connection with this Sweepstakes will be subject to the terms and conditions stated in these Official Rules as well as to the eBay Users Agreement and Privacy Policy available on the eBay Site and the Twitter Terms of Service and Privacy Policy available on Twitter.com. You will not be eligible to receive a prize if your accounts on any eBay Site are not in good standing. In order for your accounts to be deemed in good standing as that term is used herein, you must not have a hold on your account and your account must not be suspended or past due as of December 8, 2010. All materials submitted in connection with the Sweepstakes become the property of Sponsor and will not be returned. By accepting a prize, winner consents to the use of his/her name, eBay User ID (if applicable), image, likeness, photograph, voice and biographical material and entry submission for advertising, publicity and promotional purposes by Sponsor, or a party designated by Sponsor, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Entrants agree that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between entrants and eBay in connection with this Sweepstakes. Entrants agree to waive any right to claim ambiguity in these Official Rules. Entrants agree that any and all disputes shall be governed by the laws of the State of California.
7. REPRESENTATIONS AND WARRANTIES: Entrant represents and warrants the following: 1) that he/she is the original author and owner (or represents and warrants that the owner of such rights has expressly granted any and all rights to the entrant) of any and all entry materials posted, uploaded, or otherwise submitted (modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation); 2) the entry will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Entrants are prohibited from posting, uploading, or otherwise submitting any entry material that infringes on any copyright, trademark or proprietary rights of another (including publicity and privacy rights); 3) that the entry is not the subject of any actual or threatened litigation or claim; 4) that the entry material is not obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violate any law. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
8. GRANT OF LICENSE: By entering the Sweepstakes, entrants grant Sponsor, its agents, subsidiaries and affiliates (the “Licensees”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Entry, in any media now known or hereafter devised (including without limitation, the internet), without any compensation. Further, by entering the Sweepstakes, entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Entry (with the understanding that Licensees are under no obligation to do so), or incorporate the Entry into any form, medium or technology, including the right, at each Licensee’s sole discretion, to publish the Entry and to use the Entry for advertising and promotional purposes. Licensees shall not be required to designate entrant as the creator or author of Entry that is distributed or otherwise exploited by Licensees, or include any references to entrant on, or in connection with, any Entry that is distributed or otherwise exploited by Licensees.
9. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS EBAY INC., ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, STROBE PROMOTIONS, INC., MEKANISM, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS SWEEPSTAKES OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT EBAY HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE AND EBAY SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. THE PROVISIONS REGARDING IMPLIED WARRANTIES ARE VOID IN SOME PROVINCES WHERE IMPLIED WARRANTIES ARE PRESCRIBED BY LAW. Releasees are not responsible for lost, late, illegible, damaged or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, post a comment, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the Sweepstakes. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes, or modify these Official Rules at any time without notice, if in the judges’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Sweepstakes. In such event, Sponsor may void any entries they suspect are at issue and award prizes from among all eligible entries received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR ANY ONLINE SERVICE RELATED TO THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Sweepstakes. Any attempts by an individual to access any website associated with this competition via a bot script or other brute force attack or any other unauthorized means will result in the IP address and all entries from that IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
10. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
11. WINNER’S LIST: For the name of the Grand Prize winner, available after December 13, 2010, mail a self-addressed, stamped envelope by December 20, 2010 to: eBay Love To Give Sweepstakes, P. O. Box 997, Plainview, NY 11803-0997. Canadian residents may omit return postage.
