EBAY SELLERS CHALLENGE CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY
OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA AND WHO ARE REGISTERED MEMBERS OF WWW.EBAY.COM, AND WHO ARE EBAY USERS IN GOOD STANDING. MEMBERS OF THE U.S. MILITARY WHO RESIDE AT APO/FPO ADDRESSES OUTSIDE OF THE U.S. AND WHO ARE REGISTERED MEMBERS OF WWW.EBAY.COM AND WHO ARE EBAY USERS IN GOOD STANDING ARE ALSO ELIGIBLE TO ENTER. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. ELIGIBILITY: The eBay Sellers Challenge Contest (the "Contest") is open to legal residents of the fifty (50) United States and the District of Columbia who are: physically located and reside in the United States or District of Columbia; 18 years of age or older; and confirmed, registered members of www.ebay.com at time of entry, who are eBay users in good standing and are legally compliant with all federal and state laws pertaining to their businesses ("Eligible Participant"). Members of the U.S. Military who reside at APO/FPO addresses outside of the U.S. and who are registered members of www.ebay.com and who are eBay users in good standing and are legally compliant with all federal and state laws pertaining to their businesses are also eligible to enter. 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 (whether related or not), of eBay Inc. ("eBay") and eBay Inc.'s affiliates, subsidiaries, and divisions ("eBay Entities") (eBay and eBay Entities collectively, "Sponsor"), Daniel J. Edelman, Inc., the Ewing Marion Kauffman Foundation, Sponsor's advertising and promotion agencies and Strobe Promotions, Inc., are not eligible to enter. Contest is subject to all applicable federal, state, and local laws. This Contest shall be governed by the laws of the State of California.
2. CONTEST TIMING: The Contest begins at 12:00:00 AM Pacific Time (PT) on June 9, 2009 and ends 11:59:59 PM PT on August 6, 2009 (the "Contest Period").
3. CONTEST DESCRIPTION: The Contest invites Eligible Participants to submit a Business Plan that responds to the question: "If you had $25,000, how would you spend it to start your business on eBay, or grow it on eBay", along with a Video explaining their business plan and passion for selling on eBay (together, the "Entry"). The Contest will consist of three (3) Phases including a Community Voting Period: During
Phase 1, which will run from 12:00:00 AM PT on June 9, 2009 through 11:59:59 PM PT on July 7, 2009 ("Entry Period"), Eligible Participants will have the opportunity to submit their Business Plan and Video for consideration in one of the following categories for which they are eligible: 1) Current or former members of the Unites States armed forces; 2) Individuals or Small Businesses that have not yet sold on eBay; 3) Part-time sellers who want to go full time on eBay; 4) Full-time sellers on eBay who want to "go big". During
Phase 2, which will run from 12:00:00 AM PT on July 8, 2009 through 11:59:59 PM PT on July 13, 2009 ("Judging Period"), each Entry will be scored by a panel of judges and the two (2) top-scoring entries ("Finalists")in each category will move on to Phase 3. Up to a maximum of two (2) (as determined by Sponsor) top-scoring entries in each Category will be declared Finalists (each such person a "Finalist") in their respective categories. During
Phase 3, which will run from 12:00:00 AM PT on July 20, 2009 through 11:59:59 PM PT on August 6, 2009 ("Community Voting Period"), the Finalists in each category will have their Business Plans and Videos displayed online and members of eBay.com will be given the opportunity to vote for the best Business Plan of their choice in each category. The Finalist who receives the greatest number of votes during this Phase in the category for which it was entered will be declared the Grand Prize winner in that category, subject to verification. One (1) Runner up prize will be awarded in each category to the finalist who receives the greatest number of votes, second only the Grand Prize winner in each respective category. Grand Prize winning entries will be displayed on the eBay Sellers Challenge website on or about August 11, 2009.
4. PHASE 1 - ENTRY PERIOD: HOW TO ENTER - To enter the Contest, Eligible Participants must go to sellerschallenge.ebay.com (the "Website") and do all of the following during the Entry Period: (1) Complete and submit the Contest registration form by providing the information required, selecting one of the following Categories in which the Business Plan & Video are being submitted: a) Current or former members of the Unites States armed forces; b) Individuals or Small Businesses that have not yet sold on eBay; c) Part-time sellers who want to go full time on eBay; d) Full-time sellers on eBay who want to "go big". Eligible Participants must acknowledge that they have read and agree to the Official Rules by checking the box that appears on the entry form; (2) Submit a Business Plan (the "Business Plan") in 250 words or less that responds to the question: "If you had $25,000, how would you spend it to start your business on eBay, or grow it on eBay". You will be required to describe your business, its challenges, future vision and ultimate business goals; AND (3) Upload one (1) video (the "Video") that explains your Business Plan and your passion for selling on eBay (the "Contest theme"). An Eligible Participant's Business Plan and Video must be in the English language, and the Video must be in .avi, .mov, .mpeg or .wmv electronic format, may not exceed 5MB in size and may be no longer than one minute in total duration. Videos must be of good quality. All components of each Entry must be submitted online in accordance with these Official Rules and received by 11:59:59 PM PT on July 7, 2009 in order to be eligible. The Website's database clock will be the official timekeeper for the Contest.
There is a limit of one entry per eBay User ID during the Entry Period. Subsequent entries submitted by an entrant are void. Video entries submitted which have been produced by professional videographers are ineligible.
The Business Plan & Video 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's or entity's intellectual property, personal or proprietary rights, as determined by Sponsor and the Contest judges in their sole discretion. Each Contest entrant must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements incorporated into or used in the Business Plan or Video or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements. Any entrant whose Business Plan or Video includes likenesses of third parties or contains content or elements not owned by the entrant (such as, but not limited to, depictions of buildings, songs, individual names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor and the judges) that permit the entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor's right to use and exploit the content and materials in accordance with these Official Rules ("IP Releases") before eligible to be declared a Finalist.
CONTESTANT ACKNOWLEDGES AND AGREES THAT ALL ENTRY MATERIALS SUBMITTED IN CONNECTION WITH THIS CONTEST 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 INCLUDING (BUT NOT LIMITED TO) IN CONNECTION WITH THE COMMUNITY VOTING SITE DESCRIBED IN SECTION 7 BELOW.
Contest entrants may use the eBay name in the Business Plan or Video in a descriptive manner to describe www.ebay.com and activities related to www.ebay.com. Use of the eBay logo or any intellectual property owned by eBay in Business Plan or Video is prohibited.
In the event the likeness of a 3rd party or a minor is included in an entrant's video, entrant must provide a legal release from the 3rd Party or the parent/legal guardian of the minor depicted in the Video.
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.
Any redistribution(s) by an entrant of his/her Business Plan or Video shall not include any reference to the Contest or, for those entrants that are selected as Finalists or winners, include any reference to the fact that the entrant was a Finalist or winner.
Finalists are prohibited from advertising, marketing, or promoting their Business Plan or Video during the Contest Period. Noncompliance with this rule will result in immediate disqualification of the Finalist and an alternate finalist may be selected in Sponsor's sole discretion.
5. PHASE 2 - JUDGING PERIOD: JUDGING AND DETERMINATION OF FINALISTS - All Entries will be judged based on the following criteria:
(i) Business Challenge/obstacles - 25%; (ii) Clarity of Business Plan - 25%; (iii) Dedication and Passion for using eBay - 25%; (iv) Appropriateness to Contest Theme described in Section 4 Above - 25%. Judging will be performed by a panel of judges under the supervision of eBay and Edelman. The two (2) top-scoring entries ("Finalists") in each category will be declared Finalists and will move on to Phase 3. Up to a maximum of two (2) (as determined by Sponsor) top-scoring entries in each Category will be declared Finalists (each such person a "Finalist") in their respective categories. 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 who will serve as a tiebreaker and who will evaluate Entries according to the criteria listed above. Decision of judges is final and binding on all matters relating to this Contest. Finalists will be determined on or about July 13, 2009.
6. FINALIST NOTIFICATION: Finalists will be notified on or about July 14, 2009 by U.S. mail and/or overnight mail and/or email using the contact information provided at the time of entry. Finalists will be required to provide copies of IP Releases (if applicable) and sign an affidavit of eligibility and liability release and, where legal, publicity release and a federal and state tax release and return same, properly executed, within 48 hours via fax and within five (5) days of issuance via regular U.S. Mail. 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. 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 Sponsor by postal mailing or email notice to Sponsor's address (listed below) to be received by the end of the Entry Period.
7. PHASE 3 - COMMUNITY VOTING PERIOD: Entries for up to two (2) Finalists in each of the four (4) Categories will appear on the eBay Sellers Challenge Contest community voting site ("Community Voting Site") accessible at the Website during the Community Voting Period. During the Community Voting Period, confirmed registered members of www.ebay.com (including Finalists) who wish to vote must first register to vote by submitting their eBay User ID ("eligible voters"). Eligible voters may vote for the best Business Plan of their choice in each of the four (4) Categories using the following judging criteria:
(i) Business Challenge/obstacles - 25%; (ii) Clarity of Business Plan - 25%; (iii) Dedication and Passion for using eBay - 25%; (iv) Appropriateness to Contest Theme described in Section 4 above - 25%. Voting is limited to one (1) vote per category per eligible voter per day. The Business Plan and Video of each Finalist, as-is or as may be edited by Sponsor, will be posted and made publicly available on the Community Voting Site. Votes may only be submitted online. All votes must be received by August 6, 2009 in order to be valid. Upon conclusion of the Community Voting Period, Sponsor will tally the votes and rank the Finalists and determine the potential Grand Prize and Runner up winner in each category based on the greatest number of valid votes a Finalist receives in each Category. Sponsor reserves the right to disregard any votes it reasonably deems ineligible or fraudulent. The Finalist whose entry receives the greatest number of valid votes in each Category will be the potential Grand Prize winner for that Category; and the Finalist whose entry receives the greatest number of votes second only to the Grand Prize winner in each respective category will be the potential Runner up 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, in its sole discretion, who will serve as a tie-breaker and who will evaluate the tied entries according to the judging criteria listed above.
8. PRIZES:
Grand Prizes (one (1) per category for a total of four (4) Grand Prizes): $25,000 deposited into the winner's PayPal Account. Approximate Retail Value (ARV): $25,000/ea.
Runner-Up Prizes (one (1) per category for a total of four (4) prizes): $5,000 deposited into the winner's PayPal account. ARV: $5,000 /ea. ARV of all prizes: $120,000. Prize is not transferable; no substitutions or equivalents are permitted, except by the Sponsor at their sole discretion. No interest will be paid on cash prize.
All taxes and any other costs related to a prize not specifically stated within these Official Rules are the sole responsibility of the winner. Winners/Finalists must have or must create an account on PayPal.com to receive prize and to access and use the prize. If you do not currently have a PayPal.com account, you must create a PayPal.com account within 7 days from the time of prize notification. Follow directions to register to become a member. The PayPal Account must have the same email address associated with the eBay User ID used to enter the Contest. A potential winner/Finalist with a PayPal.com account must have his/her eBay and PayPal accounts in good standing in order to receive a prize. Prize will not be awarded to a potential winner/Finalist with a locked, closed or restricted eBay or PayPal account. Prize will be awarded on or about August 11, 2009. In addition, Grand Prize winners shall receive two (2) hours of online marketing consultation and advice from eBay or its designee. Finalists/Winners shall receive no further compensation or credit for use of the entry submission other than that disclosed in these Official Rules. Sponsor shall have no obligation (express or implied) to further exploit, develop, produce, or distribute any entry submission. Grand Prize Winners and Runners up must supply Administrator with their social security number for tax purposes and each Grand Prize Winner/Runner up will receive an IRS Form 1099 from the Administrator for the ARV of the prize (stated above) for the calendar year won.
9. GRANT OF LICENSE: By entering the Contest, entrants grant Sponsor, its agents, subsidiaries and affiliates (the "Licensees") an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights which 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 Contest, entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Entry 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 entrants as the creators or authors of Entries that are distributed or otherwise exploited by Licensees, or include any references to entrants on, or in connection with, any Entries that are distributed or otherwise exploited by Licensees.
10. REPRESENTATIONS AND WARRANTIES: Each entrant represents and warrants that: 1) he/she is the original author and creator of the Entry and that the Entry complies with these Official Rules; 2) the Entry does not and will not infringe any third party's copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; 3) that the Entry is not the subject of any actual or threatened litigation or claim; 4) the Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or otherwise objectionable; 5) the Entry does not encourage a criminal offense or 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.
11. ADDITIONAL CONDITIONS OF PARTICIPATION: By entering, entrants (their parents/legal guardians if applicable) agree to be bound by these Official Rules including all eligibility requirements. 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 deemed 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. Use of www.ebay.com and Sponsor's use of information submitted by entrants 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 www.ebay.com. You will not be eligible for the Contest if your account on www.ebay.com is not in good standing. In order for your account 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 June 9, 2009. By accepting a prize, Winners/Runners up (their parents/legal guardians if applicable) consent to the use of their name, eBay User ID, images, likenesses, photo, voices, Entries 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 Sponsor's Privacy Policy or by law. Entrants (and their parents/legal guardians if applicable) agree that any and all disputes shall be governed by the laws of the State of California and that venue shall lie exclusively in Santa Clara County, California for any dispute arising from or relating to this agreement. Entrants (their parents/legal guardians if applicable) 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 Contest.
12. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, EDELMAN, KAUFFMAN FOUNDATION, 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 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 CONTEST, THE ENTRY OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO EBAY.COM OR PAYPAL.COM AND SPONSOR 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, Video, or Vote, 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 or votes 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 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/votes received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE EBAY.COM, PAYPAL.COM, OR ANY ONLINE SERVICE RELATED TO THIS CONTEST OR TO 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.
13. WINNERS' LIST: For the names of the Grand Prize Winners and Runners up, available after August 31, 2009, mail a self-addressed, stamped envelope by August 31, 2009, to: eBay Sellers Challenge Contest Winners, P.O. Box 913, Bethpage, NY 11714-0913.
14. 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 2009 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.
