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THE EBAY “Stellar Seller” SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES.
OPEN TO: (A) LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AND 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); AND WHO ARE REGISTERED MEMBERS OF WWW.EBAY.COM OR WWW.EBAY.CA.
MEMBERS OF THE U.S. MILITARY WHO RESIDE AT APO/FPO ADDRESSES OUTSIDE OF THE U.S. ARE ALSO ELIGIBLE TO ENTER.
VOID IN PUERTO RICO, THE PROVINCE OF QUEBEC, AND WHERE PROHIBITED.

  1. ELIGIBILITY: The eBay “Stellar Seller” Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia, and Canada (excluding the Province of Quebec) who are: physically located and reside in the United States, District of Columbia, or Canada (excluding the Province of Quebec); 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; and confirmed registered members of www.ebay.com or www.ebay.ca (collectively, the "eBay Site") at time of entry ("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 are also eligible to enter. 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”) and its affiliates, subsidiaries, and divisions (“eBay Entities”) (eBay and eBay Entities collectively, “Sponsor”), Sponsor’s advertising and promotion agencies, and Strobe Promotions, Inc. are not eligible to enter. Promotion is subject to all federal, state, local, provincial and municipal laws. U.S. law governs this Promotion and personal jurisdiction shall exclusively be the state and federal courts located in Santa Clara, California.

  2. SWEEPSTAKES TIMING/DESCRIPTION: The Sweepstakes begins at 12:00:00 AM Pacific Time (PT) on March 16, 2009 and ends 11:59:59 PM PT on September 30, 2009 (the “Promotion Period”). Ebay members will be asked to submit a video or photograph plus a description of how their experiences using or selling on eBay has had a positive effect on their lives. There will be one (1) Grand Prize winner selected in a random drawing each month during the Promotion Period, for a total of seven (7) Grand Prize winners.

  3. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes: 1) Go to www.ebay.com/success and do all of the following during the Promotion Period: (1) Complete the sweepstakes registration form by providing the information required. You must acknowledge that you have read and you agree to these Official Rules by checking the box that appears on the sweepstakes registration form; (2) Using links provided on the sweepstakes registration form, upload one (1) video OR one (1) photograph that tells an inspirational story of your experience selling/using eBay; AND (2) In the space provided on the entry form, describe in 100 words or less your video OR photograph (the “description”).Your video OR photograph and description 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. The Photo must be in .jpg or .gif format and may not exceed 300K in size. The video or photograph and description must be of good quality and clearly depict how your experience using or selling on eBay has had a positive effect on your life. All components of each entry must be submitted online in accordance with these Official Rules. Or 2) You may enter the Sweepstakes by U. S. Mail by printing your name, address, city, state, ZIP code, eBay User ID, email address, daytime telephone number and a description in 100 words or less of how your experience using or selling on eBay has had a positive effect on your life, on a 3” X 5” card, and mailing, in an envelope with postage affixed, to: The eBay “Stellar Seller” Sweepstakes, P. O. Box 861, Bethpage, NY 11714-0861. Limit one entry per outer envelope. There is a limit of one entry per eBay user ID and/or per person per day, regardless of method of entry. Entries must be received by the dates stated in the Entry Chart below in order to be eligible for each monthly random drawing. All entries must be received by 11:59:59 PM PT on September 30, 2009 in order to be eligible. The Website's database clock will be the official timekeeper for the online portion of the Sweepstakes. Subsequent entries submitted by an entrant on a given day are void. Entrants may enter only by using one of the entry methods described in these rules. Entries that are mechanically reproduced, copied, illegible, incomplete or inaccurate are void. Entries become the property of the Sponsor and will not be acknowledged or returned. Video entries submitted which have been produced by professional videographers are ineligible.

    The video OR photograph and description 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 their sole discretion. Each 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 (including, without limitation, music) incorporated into or used in the video or photograph and description 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 video, photograph or description 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 winner.

    Any use of eBay’s trademark, logo, or other intellectual property in videos, photos, and description is prohibited, with the exception that people appearing in the video may wear officially licensed merchandise bearing the eBay trademark or logo (e.g. hats, shirts). Sweepstakes entrants may reference the eBay name verbally in the video or in plain text in the description to describe the eBay website and activities related to the eBay website. . Incomplete Entries or Entries not complying with these Official Rules are subject to disqualification. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, postage due or misdirected entries. Sponsor’s decisions are final on all matters relating to this Sweepstakes. Proof of mailing or emailing does not constitute proof of delivery. 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 participates in the Sweepstakes, it is his/her sole responsibility to notify the Game Administrator by (postal) mailing notice to the Administrator’s address (listed below in Rule #10) to be received by the end of the Promotion Period.

  4. Entry Chart: Non-winning monthly entries are not eligible for subsequent monthly drawings.
    Month Online Entries Received between: Mail-in Entries Postmarked between: Mail-in Entries Received by: Drawing Date on/about: Winners Notified on/about:
    1 3/16/09 – 3/31/09 3/16/09 -3/31/09 4/7/09 4/8/09 4/8/09
    2 4/1/09 – 4/30/09 4/1/09 – 4/30/09 5/7/09 5/8/09 5/8/09
    3 5/1/09 – 5/31/09 5/1/09 – 5/31/09 6/8/09 6/9/09 6/9/09
    4 6/1/09 – 6/30/09 6/1/09 – 6/30/09 7/7/09 7/8/09 7/8/09
    5 7/1/09 – 7/31/09 7/1/09 – 7/31/09 8/7/09 8/10/09 8/10/09
    6 8/1/09 – 8/31/09 8/1/09 – 8/31/09 9/7/09 9/8/09 9/8/09
    7 9/1/09 – 9/30/09 9/1/09 – 9/30/09 10/7/09 10/8/09 10/8/09


  5. DETERMINATION OF WINNERS: One (1) Grand Prize winner will be selected each month for seven (7) months throughout the promotion period via a random drawing at 12:00 PM PT on or about the dates stated in the Entry Chart above by Strobe Promotions, Inc., the independent judging organization, in Hicksville, NY, from among all eligible entries received as stated in the Entry Chart above. Quality of qualifying video or photograph or description will not be judged and will not affect the determination of the winner. Potential winners will be notified by electronic mail and/or phone and/or overnight mail on or about the dates stated in the Entry Chart above. All random drawings will be conducted by Administrator, whose decisions are final and binding 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, 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 any prize, winners who are residents of Canada will be required to correctly answer (unaided) a time-limited mathematical skill-test question. Odds of winning a prize depend upon the number of eligible entries received as per the Entry Chart above.

  6. PRIZES: Seven (7) Grand Prizes (one (1) awarded each month for seven (7) months): A $5,000 Shopping Spree, $5,000 will be deposited into the winner’s PayPal account. Approx. Retail Value (ARV): $5,000 USD/ea. Grand Prize winners must have or must create a PayPal Account (the “PayPal account”) in order to receive access and use the $5,000. If you are an existing PayPal customer, the prize will be deposited in the PayPal account associated with the email address you provided. If the email address you provided is not associated with your PayPal account, you must associate it with your PayPal account within 7 days from time of prize notification to qualify. If you do not currently have a PayPal account, you must create a PayPal account within 7 days from the time of prize notification. Follow directions to register to become a member. The prize will be deposited in the winner’s PayPal account within 14 days of winner notification. All taxes and any other costs related to the prizes not specifically stated within these Official Rules are the sole responsibility of the winner. Prizes are 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 prizes are in Sponsor’s sole discretion. All prizes will be awarded. 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. Limit one prize per eBay User ID per person and per household for the entire Promotion Period. If a U.S. resident, winner must supply Administrator with his/her social security number for tax purposes and winner will receive an IRS Form 1099 from the Administrator for the ARV of the Grand Prize (stated above) for the calendar year won.

  7. 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 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 your account and your account must not be suspended or past due as of March 16, 2009. By checking the opt-in box that appears on the Registration Form, entrants consent to the use of their entry submission (video or photograph and description), their names, eBay User IDs, images, likenesses, 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. 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 eBay in connection with this Sweepstakes.

  8. LIMITATION OF LIABILITY:ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS EBAY INC., AND STROBE PROMOTIONS, INC. AND EACH OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES) INJURY, LOSS OR DAMAGE OF ANY KIND (COLLECTIVELY, “CLAIMS”), INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS SWEEPSTAKES OR ANY CLAIMS ARISING 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 ANY CLAIMS BROUGHT BY 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 OR THE PAYPAL 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, misdirected, postage due 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, 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 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.

  9. WINNERS’ LIST: For the names of the winners, available after October 31, 2009, mail a self-addressed, stamped envelope by September 30, 2009, to: eBay “Stellar Seller” Sweepstakes Winners, P. O. Box 913, Bethpage, NY 11714-0913. Residents of Canada may omit return postage.

  10. 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.

©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.

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