EBAY "2008 BEST IN STORES" CONTEST OFFICIAL RULES

OPEN TO (A) LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER, AND (B) LEGAL RESIDENTS OF CANADA, WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE, AND ARE REGISTERED MEMBERS OF WWW.EBAY.COM OR WWW.EBAY.CA, AND HAVE AN EBAY STORE AS OF 3/17/08. VOID IN PUERTO RICO AND WHERE PROHIBITED.

1. ELIGIBILITY: "eBay 2008 Best In Stores Contest" (the "Contest") is open to (a) legal residents of the fifty United States and the District of Columbia who are 18 years of age and older, and (b) legal residents of Canada, who have reached the age of majority in their province or territory of residence, and who are confirmed registered members of www.ebay.com or www.ebay.ca (the "eBay Site"), and have an eBay Store as of March 17, 2008 and maintain their eBay Store during the Promotion Period. Void in Puerto Rico 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., their respective parent companies (if any), affiliates, subsidiaries, divisions, advertising and promotion agencies, and Strobe Promotions, Inc., are not eligible to enter. Contest is subject to all applicable federal, state, local and provincial laws. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eBay must be resolved by a court located in Santa Clara County, California. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes
2. CONTEST TIMING: The Contest begins at 12:00:01 AM Pacific Time (PT) on March 17, 2008 and ends 11:59:59 PM PT on April 30, 2008 (the "Promotion Period"). Participants may submit entries from March 17, 2008- March 31, 2008 ("Entry Period"). Entries will be judged by qualified judges from March 18, 2008 - April 9, 2008 ("Judging Period"). eBay Community members will vote from April 16, 2008 - April 30, 2008 ("Voting Period"). The winners will be announced on or about May 15, 2008.
3. CONTEST DESCRIPTION: The eBay "2008 Best in Stores" Contest (the "Contest") is a skill contest whereby participants may submit the URL to their eBay Store for a chance to have their Store recognized as the Best in Stores. There are four (4) categories in which participants can win: (1) Best Looking Store; (2) Best Shopping Experience; (3) Best Store Marketing; and (4) Best "Standard" Store Layout.

   The Contest will consist of two phases.

   Phase 1 will run from 12:00:01 AM PT on March 17, 2008 through 11:59:59 PM PT on March 31, 2008 ("Entry Period"), during which time eligible participants will be required to submit their eBay User ID, Store name and URL, and first and last name as described in Section 4 ("How to Enter") below. Four (4) finalists from each category will be determined from among all eligible entries received as described in Section 5 ("Judging and Determination of Finalists").

   Phase 2 will run from 12:00:01 AM PT on April 16, 2008 through 11:59:59 PM PT on April 30, 2008 ("Voting Period"), during which time the Store name and URLs for the four finalists in each category will be posted to the eBay "2008 Best in Stores" Contest Voting Site. Registered members of the eBay Site will vote for the best finalist in each of the four categories using the criteria identified below to select one (1) winner in each category as described in Section 6 ("Community Voting Site") below. The Finalist who receives the greatest number of votes in each category will be declared the Grand Prize winner in that category, subject to verification.

4. PHASE 1 - HOW TO ENTER: To enter the Contest, eligible participants will go to www.ebay.com/bestinstores2008 and complete the entry form by providing the information required during the Entry Period. You must acknowledge that you have read and you agree to these Official Rules by checking the box that appears on the entry form.

   Once you have completed the above step, submit your completed entry form, (collectively, the "Entry") during the Entry Period. Entries must be received by 11:59:59 PM PT on March 31, 2008 in order to be eligible. There is a limit of one entry per eBay user ID and/or per person. Subsequent entries submitted by an entrant are void. Entries may only be submitted online. By entering this Contest, winners agree to grant eBay Inc. ("Sponsor"), its agents, subsidiaries and affiliates an 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 (and any part thereof), in any media now known or hereafter devised (including without limitation, the internet), without additional compensation. Entrant waives any moral right associated with their Entry, within the meaning of the Canadian Copyright Act. Further, entrant grants eBay the additional license to modify, adapt, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium or technology, including the right, at eBay's sole discretion, to distribute such materials to be published by third-parties. 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 personal or proprietary rights, as determined by the judges in their sole discretion. Incomplete entries or entries not complying with these Official Rules are subject to disqualification. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected entries. Sponsor's decisions are final on all matters relating to this Contest. Use of the eBay Site and Sponsor's use of information submitted by entrant in connection with this Contest will be subject to the terms and conditions stated in these Official Rules as well as to the eBay User Agreement and Privacy Policy available on the eBay Site.

5. JUDGING AND DETERMINATION OF FINALISTS: Entries for each category will be judged during the Judging Period based on the following criteria: (i) Creativity (original use of Stores features) - 40%; (ii) Use of Best Practices (linking strategies, use of Storefront features, etc.) - 30%; and (iii) Presentation (provides a pleasant buyer experience) - 30%. Judging will be performed by qualified judges selected by the Sponsor. The four (4) top-scoring entries in each category will be declared Finalists (16 Finalists in total) and will go on to Phase 2. Becoming a Finalist is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. In the event of a tie, the entries involved in the tie will be reviewed by an additional judge appointed by eBay who will serve as a tiebreaker and who will evaluate entries according to the criteria listed above. Decisions of judges are final and binding on all matters relating to this Contest. Finalists will be determined on or about April 9, 2008. All prizes will be awarded provided there are a sufficient number of entries received.
6. PHASE 2 - COMMUNITY VOTING SITE: The sixteen (16) Finalists will appear on the eBay 2008 Best in Stores! Contest Community Voting Site ("Community Voting Site") at www.ebay.com/bestinstores2008 during the Voting Period. During the Voting Period, all confirmed registered members of the eBay Site (including Finalists) may vote for the best Store in each of the four categories (1) Best Looking Store; (2) Best Shopping Experience; (3) Best Store Marketing; and(4) Best "Standard" Store Layout. Votes may only be submitted online. Upon conclusion of the Voting Period, Sponsor will tally the votes and determine the potential Grand Prize winners based on the greatest number of valid votes per category. Voting is limited to one (1) vote per category per eligible confirmed registered member of the eBay Site. The Finalist whose Store receives the greatest number of valid votes per category will be the potential Grand Prize winner for that category. Winning is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in the Official Rules. In the event of a tie, the entries involved in a tie will be reviewed by an additional judge appointed by the Sponsor who will serve as a tie-breaker and who will evaluate the tied entries according to the criteria listed above.
7. NOTIFICATION: Potential Grand Prize winners will be notified on or about May 2, 2008 by overnight and/or U.S. mail, Canada Post and/or email. Finalists will be required to sign an affidavit of eligibility and liability release, and where legal, publicity release, and return same, properly executed, within seven (7) days of issuance. Failure to return documents as specified, or if any notification is returned as undeliverable, will result in disqualification and a runner-up may be selected. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any entries, proper names, likenesses, photographs and entry for advertising and promotional purposes in all media (including and without limitation, the Internet) without additional compensation, except where prohibited by law. If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Contest, it is his/her sole responsibility to notify the Administrator by postal mailing or email notice to Administrator's address (listed below in rule #13) to be received by the end of the Entry Period.
8. GRAND PRIZE: Four (4) Grand Prize winners (one from each of the four categories) will each be awarded the following prize:

   (a) Recognition at eBay Live! 2008. Each winner's Store logo will be included in a promotional display at eBay Live. Entrant hereby grant eBay a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable, sublicensable right to use Entrant's trademark and logo as necessary for the purposes of this promotion.

   (b) A 2008 "Best in Stores" on-site promotion, with placement subject to eBay's sole discretion. On-site promotion shall be for a period of one year or while the applicable Store is in good standing and shall be subject to the terms and conditions of the eBay Site.

   (c) $1,500 US dollars cash. Cash prize will be awarded in the form of a check.

   (d) A paid trip to eBay Live! 2008, consisting of: Two (2) roundtrip coach air transportation fares, double occupancy hotel accommodations, transfers to/from airport and hotel, and two (2) tickets to eBay Live! (total value not to exceed $1,500 US).

   Total Approximate Retail Value of all Contest prizes: $1,500 U.S.

   Sponsor reserves the right, in its sole and excusive discretion, to award the Approximate Retail Value of the trip described herein or another prize of greater or equal value if the advertised prize is unavailable. All other costs not specifically stated herein, including, but not limited to, vehicle transportation costs, taxes, meals and tips are the sole responsibility of the winner. Reservations for the trip must be made through Sponsor's agent, on a carrier of Sponsor's choice. Blackout periods and other restrictions, conditions, and limitations may apply. Complete terms and conditions of trip will be furnished with prize notification. Travel companion of Grand Prize trip winner must travel with winner on the same itinerary. In addition, the travel companion of the Grand Prize trip winner must have reached the age of majority applicable to their state or province or territory of residence, unless the winner is the parent/legal guardian of such minor travel companion. Winner and travel companion must travel on the same itinerary and are responsible for all required travel documents. Winner and travel companion are responsible for obtaining travel insurance (and all other forms of insurance) where applicable, at their option, and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Winner and guest must possess valid ID and such other documentation as necessary in order to travel to or within the U.S. Grand Prize winner and travel companion, or the parent or legal guardian if companion is under the age of majority, must sign consent to Publicity, Liability Waiver and Travel Release in order to accept the prize. If eBay Live! 2008 does not take place as scheduled for any reason whatsoever including, but not limited to, cancellation, preemption, postponement or unavailability, Sponsor's sole responsibility to the Grand Prize winner will be to award the remaining available portion of the prize and no substitution will be provided for unawarded portion of prize. If eBay Live! 2008 is moved to a location outside Chicago, IL, the Grand Prize trip destination will be changed to the new eBay Live! 2008 location. No substitutions or transfers of prize permitted, except at Sponsor's sole and exclusive discretion.

   All taxes and other costs not expressly assumed by the Sponsor are the responsibility of the individual winner. Limit of one (1) prize per person. Prizes are non-transferable, subject to availability.

9. CONDITIONS OF PARTICIPATION: By participating, entrants agree to be bound by these Official Rules including all eligibility requirements. By entering, entrant consents to the use of his/her name, image, likeness, photograph, entry essay submission, voice and biographical material for advertising, publicity and promotional purposes by Sponsor, or a party designated by the Sponsor, including but not limited to, any online announcements, or for sharing this information with the Press for viewing, whether TV or print, without additional compensation, except where prohibited by law. Entrants agree to abide by the terms of these Official Rules and the decisions of the judges which are final, and waive any right to claim ambiguity in these Official Rules. Entrants agree that, with the exception of Quebec residents, any and all disputes shall be governed by the laws of the State of California.
10.   RÉGIE CLAUSE: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
11.   LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS EBAY INC., AND STROBE PROMOTIONS, INC. AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, 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 CONTEST 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 OF 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 CONTEST. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY EBAY WEB SITE AND EBAY SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. 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 or submit an online entry form, 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 promotion 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 promotion. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, subject to applicable law, to cancel or suspend part or all of this Contest 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 Contest, 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 Contest. 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 THE EBAY SITE OR ANY ONLINE SERVICE RELATED TO THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 Contest in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant's eligibility to participate in the Contest. 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 becoming ineligible. Use of automated entry devices or programs is prohibited. Finalists are prohibited from promoting their Stores on other websites or through the community links on eBay without the approval of eBay. Noncompliance with this rule may result in disqualification of the Finalist and an alternate may be selected.
12.   WINNERS' LIST: For the names of the Grand Prize winners, available after May 15, 2008, mail a self-addressed, stamped envelope by May 15, 2008, to: eBay 2008 Best In Stores Contest Winners, P.O. Box 913, Bethpage, NY, 11714. Residents of VT and Canada may omit return postage.
13.   SPONSOR & ADMINISTRATOR: The Sponsor of this Contest is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125. Administrator: Strobe Promotions, Inc., 535 S. Broadway, Suite 203, Hicksville, NY 11801.

©Copyright 2008 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.