eBay Powerseller Challenge

Terms & Conditions

EBAY POWERSELLER CHALLENGE
TERMS & CONDITIONS
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 (the "Challenge") 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 participation, 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 Challenge. In addition, those who met the qualifications for becoming an eBay PowerSeller as of November 15th, 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 Challenge. 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.(“Sponsor”), its parent company, affiliates, subsidiaries, divisions, advertising and promotion agencies, and Strobe Promotions, Inc., are not eligible. Challenge is subject to all federal, state, local, provincial, and municipal laws. U.S. law governs this Challenge. Participant must retain PowerSeller status throughout the Challenge period and have an eBay account that is in good financial standing as determined by Sponsor.

2. CHALLENGE TIMING: The Challenge 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 "Challenge Period").

3. HOW TO PARTICIPATE IN THE CHALLENGE: To participate in the Challenge, you must do all of the following during the Challenge Period: A) Sign up for the PowerSeller Challenge at www.ebay.com/powersellerchallenge ; B) Log in and view your individual sales target established by Sponsor based on your previous sales activity, (your target is set by taking your highest 6-week period of Eligible Sales (as defined below) over the last 12 months preceding the beginning of the Challenge , and increasing this amount by 10%. In all cases, the minimum target is $1,500 (USD) of Eligible Sales); and C) Sell above your individual sales target through the completion of Eligible Sales during the Challenge Period. Your individual sales target will be based on your history of Eligible Sales on www.ebay.com, www.express.ebay.com, www.motors.ebay.com www.half.com, and www.ebay.ca, and will be provided to you after you sign up for the Challenge. Please Note: Only Eligible Sales that are made by you during the Challenge Period will count towards your sales target; all other sales will not be considered. If you sell above your individual sales target as further described below, you will receive a credit which will be equal to one percent (1%) of the difference between your individual sales target and the total final sales value of all Eligible Sales made by you during the Challenge Period. If you also meet the following criteria--your Detailed Seller Rating (DSR) scores are equal to or greater than 4.5 in all four DSR scores , and the average of all four DSR scores is equal to or greater than 4.8--then you will receive a credit which will be equal to one and a half percent (1.5%), rather than the aforementioned one percent (1%), of the difference between your individual sales target and the total final sales value of all Eligible Sales made by you during the Challenge Period. DSR scores will be checked at the end of the Challenge Period (December 26, 2007). For more information on DSR scores, see www.ebay.com/dsr. Shipping fees and taxes will not be considered when determining total sales value. An “Eligible Sale(s)” shall mean the actual sale of any item on www.eBay.com, www.express.ebay.com, www.motors.ebay.com, www.half.com, or www.ebay.ca, excluding Ad Format listings, Live Auctions listings, automobile and vehicle listings, real estate listings, and business & industrial capital equipment. Submissions 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 participant, it will be determined that the online entry is the authorized account holder of the eBay User ID. For these purposes, the authorized account holder is the natural person assigned to the eBay User ID by Sponsor. Eligible Sales made under multiple eBay User IDs will be viewed separately and will not be combined when determining total sales value. Sponsor’s records will be used to determine the date of all Eligible Sales.

4. REWARD: Subject to the limits and restrictions set forth below, the reward will be a one-time eBay listing fee credit that will be equal to either one percent (1%) back or up to one and a half percent (1.5%) back of the difference between your individual sales target and the total final sales value of all Eligible Sales made by you during the Challenge Period, for up to a maximum of One Thousand Five Hundred Dollars ($1,500.00 USD/$1,470.42 CDN). The credit will appear on your eBay invoice and will automatically be applied by eBay towards future eBay listing fees. NOTE: The maximum credit you will be eligible to receive will be limited to One Thousand Five Hundred Dollars ($1,500 USD/$1,470.42 CDN). If you surpass your sales target through the completion of Eligible Sales during the Challenge Period, you will receive your reward between February 1, 2008 and February 15, 2008. eBay requires 4-6 weeks to finalize the rewards due, and to confirm eligibility.

5. CONDITIONS OF PARTICIPATION: By participating, participants agree to be bound by these Terms & Conditions including all eligibility requirements. By accepting a reward, each participant consents to the use of his/her name, image, likeness, photography, 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, without additional compensation, except where prohibited by law. Participants agree that any and all disputes shall be governed by the laws of the state of California. Participant agrees that the conditions of submission set forth in these Terms & Conditions, and all documents and agreements incorporated in these Terms & Conditions by reference solely govern the relationship between the participant and Sponsor in connection with this Challenge and the reward.

6. LIMITATION OF LIABILITY: PARTICIPANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS EBAY INC. AND STROBE PROMOTIONS, INC. AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, 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 CHALLENGE OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY REWARD OR PARTICIPATION IN ANY CHALLENGE-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 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 CHALLENGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. 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 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 Challenge 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 Challenge. 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 Challenge 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 Challenge, 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 Challenge. In such event, Sponsor may void any submissions they suspect are at issue and fulfill rewards from among all eligible submissions received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THIS CHALLENGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE 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 Terms & Conditions shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify participants who violate the rules or interfere with this Challenge in any manner. If a participant is disqualified, Sponsor reserves the right to terminate that participant’s eligibility to participate in the Challenge. Any attempts by an individual to access any website associated with this Challenge 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.

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