- 1. ELIGIBILITY: eBay Shine Awards Contest (the "Contest") is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age and older, who are physically located and reside in the United States or District of Columbia, and who are registered eBay Sellers at time of entry through time of prize award (each referred to in these rules as an "Eligible Participant", "entrant", "you"). An individual who was declared a Category Winner or the Grand Prize Winner in the 2017 eBay Small Business Awards is not eligible to participate in this Contest. 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 its affiliates, subsidiaries, and divisions ("eBay Entities") (eBay and eBay Entities collectively, "Sponsor"), Sponsor's advertising and promotion agencies, and Wire Stone, LLC, part of Accenture Interactive, and all others associated with the design, execution, production, development, and promotion of this Contest or are connected to this Contest in any way are not eligible to enter. Contest is subject to all applicable federal, state, and local laws. US law governs this Contest and personal jurisdiction shall exclusively be the state and federal courts located in Santa Clara, California.
- 2. CONTEST TIMING: The Contest begins at 12:00:00 AM Pacific Time (PT) on April 26, 2018 ends 11:59:59 PM PT on July 25, 2018 (the "Contest Period").
- 3. CONTEST DESCRIPTION: The Contest will consist of four (4) Phases: During Phase 1, which will run from 12:00:00 AM PT on April 26, 2018 through 11:59:59 PM PT on May 10, 2018 ("Entry Period"), Eligible Participants will have the opportunity to submit their Entry for consideration in five (5) Contest categories: (1) Global Business, (2) Click-and-Mortar Business Owner, (3) Young Entrepreneur, (4) Woman or Minority-owned Business, (5) Everyday Hero (each referred to as a "Category"). During Phase 2, which will run from 12:00:00 AM PT on May 11, 2018 through 11:59:59 PM PT on May 22, 2018 ("Judging Period"), each Entry will be scored by a panel of judges and the three (3) top-scoring entries ("Finalists") in each Category will move on to Phase 3. Up to a maximum of three (3) (as determined by Sponsor) top-scoring entries in each Category will be declared Finalists (each such person a "Finalist") in their respective Category. During Phase 3,which will run from 12:00:00 AM PT on July 2, 2018 through 11:59:59 PM PT on July 18, 2018 ("Community Voting Period"), the three (3) Finalists in each Category will each have his/her Entry displayed online and any member of the online community with a valid email address will be given the opportunity to vote once a day for the Finalist of their choice in each Category. During Phase 4, which will occur from July 18, 2018 – July 20, 2018, the online votes will be tallied and the Finalist who receives the greatest number of valid votes in each Category in Phase 3 will be declared the winner in that Category (each a "Category Winner"), subject to verification and compliance with these Official Rules. The five (5) Category Winners will be determined on or about July 23, 2018, and will not be disclosed or announced until the eBay Shine Awards ceremony at the eBay OPEN Seller Celebration event in Las Vegas on July 25, 2018. Also during this Phase, Entries of the fifteen (15) Finalists will be re-judged by a panel of five (5) VIP judges, and the Finalist with the top-scoring Entry, will be declared the Grand Prize winner of the Contest. The Grand Prize winner will not be disclosed or announced until the Shine Awards ceremony at the eBay OPEN Seller Celebration event in Las Vegas on July 25, 2018.
4. PHASE 1 - HOW TO ENTER: To enter the Contest, go to http://ebay.promotionexpert.com/shineawards (the "Website") and sign on to eBay with your eBay User ID and password. Once you have successfully logged in, do all of the following during the Entry Period:
(1) Confirm/edit/complete your contact information;
(2) Select the Category(ies) that best describes you and your small business. Select as many Categories as you feel apply. You may only submit one (1) entry but you may submit that entry for more than one Category as it applies to you or your business based on the descriptions below. For purposes of this Contest, "small business" is defined as "a registered eBay seller who has sold at least one (1) item since 1/1/17".
Note: Sponsor reserves the right to change a category in which participant entered if, in Sponsor's sole opinion, participant's business does not fall within the definition of that category or falls within additional categories.
- (1) Global Business: A small business that sells a portion of their inventory on eBay internationally.
- (2) Click-and-Mortar Business Owner: A small business owner that sells both on eBay and from a physical retail location.
- (3) Young Entrepreneur: A person between the ages of 18-35 that owns or has a major role in the business operations of a small business selling on eBay.
- (4) Woman or Minority-owned Business: A female small business owner or a small business owner of racial or ethnic minority group: American Indian or Alaska Native, Asian American, Black or African American, Hispanic or Latino and Native Hawaiian or Other Pacific Islander.
- (5) Everyday Hero: A small business or organization that drives a positive impact in their community or leverages the eBay for Charity program.
(3) Once registered, you will be asked a series of questions about your business. You must answer each question completely.
(4) Using the links provided, upload a photograph depicting a headshot of yourself (the "Photograph"). Photograph is required in order for entry to be eligible; however, Photograph will not be judged. (You may submit a video in addition to the required Photograph. Video is optional. VIDEO IS NOT REQUIRED AND WILL NOT BE JUDGED.);
(5) Toot your own horn Share your story with us and tell us how you’ve built and grown your eBay business, what role eBay has played in the process and why you deserve to become our 2018 Small Business of the Year. Consider including details like:
- - How and why did you start selling on eBay?
- - What do you currently sell and why?
- - If applicable, what were you doing prior to selling on eBay?
- - What does eBay mean to your business and to you personally?
- - What does owning your own small business mean to you?
- - Major turning points and success metrics
(6) Answer the questions below ONLY if you selected one or all of the Category(ies) listed below that best describes you and your small business:
- Click-and-Mortar Business Owner
If you sell from both a physical location and on eBay, tell us about how you’ve developed your business on- and off-line. How has selling in one space supported the other? (Please include your physical store name and address.)
- Global Business
Tell us how you’ve expanded your business globally. Be sure to include supporting examples, such as your international sales percentage, how many and which countries you sell to through eBay and any tools or programs you use to sell globally.
- Everyday Hero
Whether you’re a seller donating a portion of your sales to your favorite charity or a non-profit raising funds for your organization, share the positive impact your business has on your community and/or the ways that eBay for Charity supports your charitable goals.
(7) Give Us the Feels
Why should you become one of our fifteen finalists? Why do you deserve to win eBay’s 2018 Small Business of the Year. Why are you so shiny and awesome?
Consider including details like:
- How do you use eBay to create great customer experiences?
- How does your story serve as a model for aspiring entrepreneurs and other eBay sellers?
- How has eBay changed your life?
- If chosen, what would you do with the winnings?
Once you have completed the above steps, you may submit your Entry.
Your Entry must be in the English language, and the Photograph must be in either JPG or GIF or PNG electronic formats and up to 10 MB in size. All components of each Entry must be submitted online in accordance with these Official Rules and received by 11:59:59 PM PT on May 10, 2018 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 person during the Entry Period. Subsequent entries submitted by an entrant are void.
The Entry 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 and the Contest judges in their sole discretion. Entry must be of good quality, unpublished and may not have previously won any prize or award. 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 Entry; 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 Entry includes likenesses of third parties or contains content or elements not owned by the entrant (such as, but not limited to, use of songs, proprietary 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").
By submitting a photograph, an entrant hereby acknowledges that they own or have secured all rights to use, publish and copyright the photograph. An entrant may be required to provide a release to the Sponsor for the submitted Photograph, at the Sponsor's sole discretion. If a photograph is taken by another party (Photographer), entrant must receive permission from the Photographer to submit the selected photograph in the Contest.
Entrants may use the Sponsor's name in their Entry in a descriptive manner. In the event the likeness of a minor is included in an entrant's Entry, entrant must provide a legal release from the parent/legal guardian of the minor depicted in the Entry.
SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY ENTRY POSTED TO THE WEBSITE THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS CONTEST. IF ENTRY IS REMOVED FROM THE WEBSITE BY SPONSOR, ENTRY IS AUTOMATICALLY DISQUALIFIED.
ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE 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 ONLINE COMMUNITY VOTING SITE DESCRIBED BELOW. ENTRANTS AGREE THAT THEY WILL NOT USE THE ENTRY FOR ANY OTHER PURPOSE, INCLUDING, WITHOUT LIMITATION, POSTING THE ENTRY TO ANY ONLINE SOCIAL NETWORKS, WITHOUT THE EXPRESS CONSENT OF SPONSOR IN EACH INSTANCE.
Incomplete Entries or Entries not complying with these Official Rules are subject to disqualification. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. 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. 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 an eBay User ID by eBay Inc. Any videos submitted shall not have been made (in whole or in part) by, nor shall they include, individuals who are: 1) represented under a contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the video as permitted by these Official Rules; 2) subject to a contract that would make such individual's appearance in the video a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the video worldwide in all media in perpetuity on a royalty-free basis, without payment or fee obligations.
- 5. PHASE 2 – JUDGING PERIOD: During the Judging Period, all eligible entries will be judged by a panel of expert judges based on the following criteria: : (i) Originality – 20%; (ii) Clarity of Expression – 20%; (iii) Passion for using eBay – 20%; (iv) Embodiment of eBay's core seller values – 20%; (v) The degree to which eBay has contributed to the business's success – 20%. Judging will be performed by a panel of judges selected by the Sponsor in its sole discretion. The three (3) top-scoring entries in each Category will be declared Finalists (the "Finalists") and will move on to Phase 3. Up to a maximum of three (3), as determined by Sponsor, entrants receiving top-scores 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 May 22, 2018. A person may only be deemed a Finalist in one (1) Category.
- 6. FINALIST NOTIFICATION: Finalists will be notified on or about May 24, 2018 by email and/or telephone using the contact information provided at the time of entry. Finalists may be required to provide copies of Intellectual Property (IP) Releases (if applicable) and will be required to sign an affidavit of eligibility and liability release and, where legal, a publicity release and a federal and state tax release and return same, properly executed, within 48 hours via fax. Failure to return any or all documents fully-executed within the specified time period, or if any notification is returned as undeliverable, will result in disqualification and a runner-up may be selected. . In order to be declared a "Finalist", an entrant must be able to attend the eBay OPEN Seller Celebration from July 24 2018 – July 27, 2018 in Las Vegas, Nevada, or the prize will be forfeited 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 to Administrator's address (listed below) to be received by the end of the Entry Period.
- 7. PHASE 3 – COMMUNITY VOTING PERIOD: Entries for up to three (3) Finalists in each of the five (5) Categories will appear on the Contest voting site ("Community Voting Site") accessible at www.ebay.promotionexpert.com/shineawards during the Community Voting Period. During the Community Voting Period, members of the online community with a valid email address(including Finalists) ("eligible voters") will be asked to provide his/her email address as well as to complete a "captcha" to confirm he/she is not a robot. Each eligible voter may vote once a day for their favorite Finalist in each category. Eligible voters may vote for the Finalist of their choice in each of the five (5) Categories using the following judging criteria: (i) Originality – 20%; (ii) Clarity of Expression – 20%; (iii) Passion for using eBay – 20%; (iv) Embodiment of eBay's core seller values – 20%; (v) The degree to which eBay has contributed to the business's success – 20%. Voting is limited to one (1) vote per eligible voter per Category per day. The Entry 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 from 12:00:00 AM PT on July 2, 2018 through 11:59:59 PM PT on July 18, 2018 in order to be valid. If any Entrant is found to be using an invalid email address when voting for the Finalist of his/her choice or soliciting votes in return for a purchase or payment of any kind, that Entrant will be disqualified at the Sponsor's sole discretion. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means or practices, including, without limitation, offering prizes, payments or other inducements, to members of the public and/or using any websites designed to induce individuals or provide other incentives to vote for their Entry, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system or practice to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
- 8. PHASE 4 – DETERMINATION OF WINNERS: During this Period, Sponsor will tally the online votes and determine the potential winner in each Category based on the greatest number of valid votes a Finalist receives. Sponsor reserves the right to disregard any votes it reasonably deems ineligible or fraudulent. The Finalist in each Category whose entry receives the greatest number of valid votes will be the potential winner 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. Winners will be determined on or about July 23, 2018, and will not be disclosed or announced until the eBay Shine Awards ceremony at the eBay OPEN Seller Celebration event in Las Vegas on July 25, 2018. 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. Also during this Phase, Entries of the fifteen (15) Finalists will be re-judged by a panel of expert judges based on the following criteria: (i) Originality – 20%; (ii) Clarity of Expression – 20%; (iii) Passion for using eBay – 20%; (iv) Embodiment of eBay's core seller values – 20%; (v) The degree to which eBay has contributed to the business's success – 20%. Judging will be performed by a panel of five (5) VIP judges selected by the Sponsor in its sole discretion. The Finalist with the highest scoring Entry will be declared the Grand Prize winner of the Contest. 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. Grand Prize winner of Contest will be determined on or about July 23, 2017, and will not be disclosed or announced until the eBay Shine Awards ceremony at the eBay OPEN Seller Celebration event in Las Vegas on July 25, 2018. Determination of winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules.
9. PRIZES: One (1) Grand Prize of Contest: A cash prize of $10,000 to be awarded in the form of a check, 1-year Anchor Store Subscription, Store Banner & Digital Winner Badge, Photo & Video, Shipping Supplies, Promoted Listing Credits, recognition as an eBay ambassador, and promotion in emails/digests as well as eBay for Business social media channels. Prize will also include $10,530 cash (awarded in the form of a check to winner) that can be used toward the payment of taxes associated with the prize. Approximate Retail Value (ARV): $42,130.
Five (5) Category Prizes: : One (1) Prize for each Category winner: A cash prize of $5,000 to be awarded in the form of a check, a 1-Year Anchor Storefront Subscription, Store Banner & Digital Winner Badge, Photo & Video, Shipping Supplies, Promoted Listing Credits, recognition as an eBay ambassador, and promotion in emails/digests as well as eBay for Business social media channels. Prize will also include $8,615 cash (awarded in the form of a check to winner) that can be used toward the payment of taxes associated with the prize. ARV: $34,465/each.
- The Store Banner makeover listed as part of the Grand Prize and Category Prizes will be delivered within 60 days of announcement of winner. Prize is optional and will include a new store banner featuring a SHINE winner badge within the banner.
- Video & Photo Profile Prizing listed as part of the Grand Prize and Category Prizes includes a full day photoshoot and videoshoot scheduled for a date that is mutually convenient for Sponsor and Seller, to produce a 60-second to 2-minute video profile as well as a suite of 5-15 edited images for promotion on official eBay channels. Finalized video and photo assets will also be made available for individual promotion.
- Promotion in emails/digests as well as eBay for Business social media channels, to take place within 120 days after announcement of winner.
- Grand Prize winner and Category winners of storefront subscription must allow 6-8 weeks for subscription to start.
Fifteen (15) Finalists' Prizes (three (3) Finalists in each of five (5) Categories): ): a 4-day, 3-night trip for the winner and one (1) guest to Las Vegas, NV to attend the Celebration event. Trip includes round-trip, coach class air transportation from a major Gateway airport nearest the winner's home for winner and guest, double-occupancy hotel accommodations, round-trip transfers from airport to hotel and admission to the eBay OPEN Customer Celebration event for two (2). Prize will also include $665 cash (awarded in the form of a check to winner) that can be used toward the payment of taxes associated with the prize. A Finalist must be able to travel to Las Vegas, NV on the dates specified by Sponsor or Finalist will forfeit his/her right to the Prize. ARV: $4,500/each. Actual value of trip prize depends upon the city of departure, time of travel, any airfare fluctuations and on current market conditions at time of prize fulfillment, and any difference between the stated ARV and the actual value if any, will not be awarded. See "Travel Restrictions" section below for further information.
Total ARV of all prizes: up to $281,955
All winners are subject to all eBay user agreements, policies and procedures.
If any part of the event or any component of the prize is unable to take place as planned, for any reason, including but not limited to, cancellation, scheduling conflicts or an event of force majeure, the remaining components of the prize will be awarded and Sponsor's obligation to the winner will be fulfilled, and no other additional compensation will be provided.
All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winners. Prizes may not be transferred, substituted or redeemed for cash, except at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable at the time the prize is awarded. All claimed prizes will be awarded. If winner is 18 years of age or older, but deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian. Allow 6-8 weeks for delivery of a prize. Limit one Finalist Prize per person.
Winner must be able to travel on dates specified by Sponsor or prize will be forfeited and an alternate winner may be selected. If a travel guest is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian, and such person must pay his/her own expenses. Winner, guest or parent or legal guardian of minor guest must sign travel release prior to traveling. Trip is subject to air/hotel availability and confirmation of reservations; certain travel restrictions and blackout dates may apply. The trip may not be combined with any other offer. Airline and flight times to be selected by Sponsor at its sole discretion. One or more stopovers may be required on air transportation. Winner and guest(s) must travel together at the same time on the same itinerary. Air transportation, if applicable, and hotel accommodations must be taken together and cannot be taken separately. All travel arrangements must be made through Sponsor's agent on a carrier of Sponsor's choice. Once trip dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sponsor's sole discretion. Winner must confirm available travel dates and flight times selected by the Sponsor prior to travel dates. No extension or change of trip dates permitted. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in winner's possession. If the winner lives within 100 miles of prize destination city, the air transportation portion of the prize will not be awarded and ground transportation will be substituted and no additional compensation will be provided. Winner and guest must possess valid ID and are solely responsible for obtaining all necessary and required travel documents (passport, etc.) in order to travel. Sponsor, its affiliates, subsidiaries, divisions, advertising and promotion agencies, and Wire Stone, LLC ("Sweepstakes Entities") shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sweepstakes Entities shall not be liable for any loss or damage to baggage. Prize components cannot be used in conjunction with any other promotion or offer, and no portion may be separated except at Sponsor's sole discretion. Prize conditions may be added or modified by companies providing those portions of the prize. The prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the affidavit and release and/or prize travel documents. Costs for room and tax only based on one room with double occupancy; meals, telephone calls, baggage fees, and other incidentals are not included.
- 10. GRANT OF LICENSE: By entering the Contest, entrants grant Sponsor, its agents, subsidiaries and affiliates (the "Licensees") a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights 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 (with the understanding that Licensees are under no obligation to do so), 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 entrant as the creator or author of Entry that is distributed or otherwise exploited by Licensees, or include any references to entrant on, or in connection with, any Entry that is distributed or otherwise exploited by Licensees.
- 11.By submitting an Entry, entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Contest Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Contest Entry, or that any compensation is due to entrant in connection with such Contest Entry or other works used by Sponsor. By submitting an Entry, entrant hereby grants permission for the Contest Entry to be posted by the Sponsor on the promotional website or other websites or on social media. Entrant agrees that Releasees are not responsible for any unauthorized use of Entries by third parties. Releasees do not guarantee the posting of any Entry.
- 12. 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 is original, has not been previously published and has not previously won any award or Contest; 3) 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; 4) the Entry is not the subject of any actual or threatened litigation or claim; 5) the Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, objectionable and does not contain illegal content ; 6) the Entry does not encourage a criminal offense or otherwise give rise to liability or violate any law; 7) the Entry does not display any logos or trademarks not owned by the Entrant; 8) the Entry does not include any disparaging remarks relating to the Sponsor or any 3rd Party. 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.
14. LIMITATIONS OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND WIRE STONE, LLC, PART OF ACCENTURE INTERACTIVE, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (COLLECTIVELY, THE "RELEASEES") FROM ANY CLAIMS, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), INJURY, LOSS OR DAMAGES OF ANY KIND (COLLECTIVELY, "CLAIMS"), INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE CONTEST 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 CLAIMS BROUGHT BY THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE 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 OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE OR ANY PROMOTIONAL WEB SITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected 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, inability to submit an entry, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions which may damage a user's system or limit an Eligible Participant's ability to participate in the Contest. Releases are not responsible for late, lost, incomplete, illegible, damaged, misdirected entries or mail. 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 the Contest 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 Contest, or if any virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest or for any other reason in its sole discretion. In such event, Sponsor may void any entries they suspect are at issue and award the prize from among all non-suspect 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 THE 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, 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 such term or any other provision. Sponsor reserves the right to disqualify any entrant who violates the rules or interferes with the Contest in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate such entrant's eligibility to participate in the Contest. Any attempt by an individual to access any website associated with the Contest via a bot script or other brute force attack or any other unauthorized means will result in that individual's IP address and all entries from that IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
Without limiting the generality of the foregoing, each Eligible Participant agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the Entry.
The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Official Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind, or for any other reason.
15. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Website and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant, Entry or vote with these Official Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules.
- 16. WINNERS' LIST: For the names of the winners, available after August 1, 2018, mail a self-addressed, stamped envelope by September 1, 2018 to: eBay Shine Awards Contest Winners, P. O. Box 997, Plainview, NY 11803-0997.
- 17. SPONSOR & ADMINISTRATOR: The Sponsor of this Contest is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125. Administrator: Wire Stone, LLC, 35 Pinelawn Road, Suite 108W, Melville, NY 11747.
- © Copyright 2018 Wire Stone, LLC, part of Accenture Interactive. All rights reserved. Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.