- 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.
- 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.
- 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.
- 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 |
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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