EBAY LOVE TO GIVE SWEEPSTAKES
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, local, provincial and municipal 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 12:30:00 pm Central Time December 07, 2010, and ends 12:30 pm Central Time December 13th, 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: To enter the Sweepstakes Eligible Participants must go to (https://busy-mommy.com) and enter 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. Entries must be received by 12:29 pm Central Time on December 13, 2010 to be eligible. There is a limit of one (1) entry per person/Twitter account in the Sweepstakes. Subsequent entries submitted by the same person/email address are void. Sponsor reserves the right to remove any post for any reason whatsoever at any time during and after the promotion period. The Website’s database clock will be the official timekeeper for 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, it will be determined that the online entry was submitted by the authorized account holder of the email address from which the entry is made. For these purposes, the authorized account holder is the natural person 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.
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.
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) potential Grand Prize winner will be selected in a random drawing on or about 12:00 PM PT on December X, 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 electronic mail and/or overnight or U.S. mail and/or telephone on or about December X, 2010. Potential Grand Prize winner may be required to sign an affidavit/declaration of eligibility/liability release and where legal, a publicity release, and for 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 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. The PayPal Account must have the same email address associated with the eBay User ID used to enter. 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.
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. 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 the prize 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.
9. 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.
10. WINNER’S LIST: For the name of the Grand Prize winner, available after December XX, 2010, mail a self-addressed, stamped envelope by December XX, 2010 to: eBay Love To Give Sweepstakes, P. O. Box 997, Plainview, NY 11803-0997. Residents of Canada may omit return postage.
11. SPONSOR: The Sponsor of this Sweepstakes is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125.
©Copyright 2010 Strobe Promotions, Inc. All rights reserved. Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.