eBay Powerseller Challenge

Official Rules

EBAY POWERSELLER CHALLENGE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. OPEN TO: (I) (A) LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EBAY POWERSELLERS, 18 YEARS OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA; OR (B) LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC) WHO ARE EBAY POWERSELLERS AND WHO ARE THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE AND ARE PHYSICALLY LOCATED AND RESIDE IN CANADA (EXCLUDING QUEBEC); AND (II) WHO ARE REGISTERED MEMBERS OF WWW.EBAY.COM OR WWW.EBAY.CA. VOID IN PUERTO RICO, THE PROVINCE OF QUEBEC AND WHERE PROHIBITED.

1. ELIGIBILITY: eBay PowerSeller Challenge Sweepstakes (the "Sweepstakes") is open to legal residents of the fifty United States and the District of Columbia, and Canada (excluding Quebec) who are: 1) physically located and reside in the United States, District of Columbia, or Canada (excluding Quebec; 2) 18 years of age or older for U.S. residents and the age of majority in their province or territory of residence for Canadian residents; 3) confirmed registered members of www.ebay.com or www.ebay.ca (collectively, the "eBay Site") at time of entry, and 4) either (a) became a confirmed eBay PowerSeller prior to November 15, 2007 or (b) as of November 15, 2007, met the qualifications to be an eBay PowerSeller and became a confirmed eBay PowerSeller by November 30, 2007. Those who became a confirmed eBay PowerSeller prior to November 15, 2007 must remain an eBay PowerSeller at all times from November 30, 2007 through December 26, 2007 in order to remain eligible for the Sweepstakes. In addition, those who met the qualifications for becoming an eBay PowerSeller as of November 15, 2007 and signed up for the PowerSeller program after November 15, 2007 and by November 30, 2007 must remain an eBay PowerSeller at all times from the date they become a confirmed eBay PowerSeller through December 26, 2007 in order to remain eligible for the Sweepstakes. Each individual that satisfies all of the eligibility requirements set forth herein shall be referred to herein as an “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. (“eBay Inc.”) and eBay Inc.’s affiliates, subsidiaries, and divisions (“eBay Entities”) (eBay Inc. and eBay Entities collectively, “Sponsor”), Sponsor’s advertising and promotion agencies, 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. Participant must retain PowerSeller status throughout the Promotion Period and have an eBay account that is in good financial standing as determined by Sponsor.

2. SWEEPSTAKES TIMING: The Sweepstakes begins at 12:00:01 am Pacific Time (PT) on November 15, 2007, and ends 11:59:59 pm PT on December 26, 2007 (the "Promotion Period").

3. HOW TO ENTER: You will earn one (1) entry into the Sweepstakes when you sign up for the PowerSeller Challenge at www.ebay.com/powersellerchallenge during the Promotion Period. There is a limit of one entry per eBay User ID throughout the Promotion Period. Subsequent entries received from the same eBay User ID will be disqualified. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. 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 eBay User ID from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to the eBay User ID by eBay Inc. If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Sweepstakes, it is his/her sole responsibility to notify the Administrator by (postal) mailing notice to the Administrator’s address (listed below in Rule #9) to be received by the end of the Promotion Period.

4. DETERMINATION OF WINNERS: Potential winners will be selected in a random drawing on or about January 7, 2008 from among all eligible entries received. Potential winners will be notified by electronic mail and/or phone on or about January 15, 2008. The random drawing will be conducted at 12:00 pm PT by Strobe Promotions, Inc., (“Administrator”) in Hicksville, NY. Sponsor and Administrator’s decisions are final on all matters relating to this Sweepstakes. Potential Grand Prize winners will be required to sign an affidavit of eligibility/declaration of eligibility/liability release and, where legal, publicity release and, for U.S. residents, a federal and state tax release and return these documents, properly executed, via overnight mail, within 7 days of issuance of notification. Non-compliance within this time frame, or if prize notification is returned as undeliverable, will result in the entrant being disqualified, and the prize will be awarded to a potential alternate winner. Before being declared a winner, potential Grand Prize winners who are residents of Canada will be required to correctly answer (unaided) a time-limited mathematical skill-test question. Allow 4-6 weeks for delivery of prize. Odds of winning depend upon the number of eligible entries received. Limit one prize per person/eBay User ID.

5. PRIZES: Ten (10) Grand Prizes will be awarded. Each such prize will be equal to $1,500 USD/$1,470.42 CDN. Approximate Retail Value of each prize: $1,500 USD/$1,470.42 CDN. Total value of all prizes: $15,000 USD/$1,470.42 CDN. All prizes will be awarded in the form of a check in USD . Prizes are not transferable and no substitutions are permitted, except by the Sponsor at its sole discretion. All taxes and any other costs related to this prize not specifically stated within these Official Rules are the sole responsibility of the winner.

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 User Agreement and Privacy Policy available on the eBay Site. You will not be eligible for the Sweepstakes if your accounts on any eBay Site and paypal.com (the “PayPal 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 either account and your accounts must not be suspended or past due as of January 15, 2008 . By accepting a prize, winners consent to the use of their names, eBay User IDs, images, likenesses, photo, voices, and biographical materials for advertising, publicity, and promotional purposes by Sponsor, or a party designated by the Sponsor, including but not limited to, any online announcements, without additional notice or compensation, except where prohibited by law. Entrants agree that any and all disputes shall be governed by the laws of the state of California. 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 Sponsor in connection with this Sweepstakes.

7. 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 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 SPONSOR 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, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE OR THE PAYPAL SITE AND SPONSOR 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, 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 to cancel or suspend part or all of this Sweepstakes, or modify these Official Rules at any time without notice, if in the Sponsor’s 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 THE 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.

8. WINNERS’ LIST: For the names of the winners, available after January 31, 2008, mail a self-addressed, stamped envelope by December 26, 2007 to: eBay PowerSeller Challenge Sweepstakes Winners, P.O. Box 913, Bethpage, NY 11714-0913. Residents of VT and Canada may omit return postage.

9. SPONSOR & ADMINISTRATOR: The sponsor of this Sweepstakes is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125. Administrator: Strobe Promotions, Inc., 535 S. Broadway, Suite 203, Hicksville, NY 11801.