OFFICIAL RULES
OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (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. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. ELIGIBILITY
This contest (the “Contest”) is open to individuals who are legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (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” or “you”). Void in Puerto Rico and where prohibited. The Contest is not open to automobile dealers. 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 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. This 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 PERIOD
The Contest begins on September 7, 2020 at 12:00:00 AM Pacific Time (PT) AND ends on September 30, 2020 at 11:59:59 PM PT (the “Contest Period”).
3. CONTEST DESCRIPTION
The Contest is open to registered individual eBay users. During the Contest Period, Eligible Participants may list a vehicle via the eBay Motors mobile app (the “Entry”). Entries must adhere to all applicable eBay policies, including (but not limited to) the eBay Vehicle, Parts and Accessories Policy. After the Contest Period, all eligible Entries will be evaluated by a judge or judges of eBay’s choosing (the “Judges”), and judging will be based on criteria described in the “WINNER IDENTIFICATION” section of these Official Rules. Subject to verification and compliance with these Official Rules, the Entry with the highest total score will be declared the first place winner, the Entry with the second-highest total score will be declared the second place winner, and the Entry with the lowest total score will be declared the last place winner. Winners will be announced on or about October 20, 2020. The first-place winner will receive one thousand dollars ($1,000.00) in eBay gift cards. The second-place winner and the last-place winner will each receive five hundred dollars ($500.00) in eBay gift cards.
4. HOW TO ENTER:
To enter the Contest, list an automobile on the eBay Motors mobile app during the Contest Period. Because Entries will be judged based on the quality of the vehicle’s body, interior, engine compartment, paint, and tires/wheels/hubcaps, consider including photos of your vehicle that showcase each of these areas.
Entries must be in the English language and must not have previously won any prize or award or have been previously submitted as an entry for an eBay contest. Limit of one (1) Entry per person.
5. WINNER IDENTIFICATION
At the end of the Contest Period, Sponsor will submit all Entries to the Judges, who will evaluate all Entries in the following areas:
- Body condition
- Interior (including trunk if applicable)
- Engine Compartment
- Paint
- Tires/Wheels
- Overall Style (such as tricked out accents, flair, modifications, etc.)
Each Entry will receive a score ranging from zero (0) to ten (10) in each of the above six (6) areas for a total possible score of sixty (60). Entries will receive a score of zero (0) for any area not visible for judging (for example, if there are photos of the engine compartment). Winners will be determined on or about October 15, 2020.
Winning is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Sponsor reserves the right to disregard any Entry it reasonably deems ineligible or fraudulent.
In the event of any tie, the Judges will award an additional half point to the Entry listed by the Eligible Participant with the most eBay sales transactions in the past ninety (90) days.
Sponsor will attempt to reach winners through the contact information affiliated with the winning eBay account until October 31, 2020. In the event that a winner does not respond to claim the prize by October 31, 2020 at 11:59:59 PM Pacific Time, prize(s) will be forfeited and offered to runners-up until all eligible prize winners can be identified.
6. PRIZES
The First-Place Winner Will Receive: eBay gift cards with a total value of one thousand dollars ($1,000.00). ARV: $1000.00.
The Second-Place Winner Will Receive: eBay gift cards with a total value of five hundred dollars ($500.00). ARV: $500.00.
The Last-Place Winner Will Receive: eBay gift cards with a total value of five hundred dollars ($500.00). ARV: $500.00.
Total ARV of all prizes: up to $2,000.
7. GENERAL RULES
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 a winner is eighteen (18) years of age or older, but deemed a minor in that winner’s state or place of residence, that prize will be awarded in the name of a parent or legal guardian.
The prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in an affidavit and release and/or prize documents.
To win, an Eligible Participant's user account must be in good standing. Any entrant with a hold on that entrant’s account or who has an account that is suspended or past due as of September 30, 2020 will be disqualified. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. By accepting a prize, a winner (or, if applicable, the winner’s parent or legal guardian) consents to the use of the winner’s name, image, likeness, photo, voice, Entry 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 agree to waive any right to claim ambiguity in these Official Rules.
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. Sponsor further reserves the right to cancel, terminate, or suspend this Contest, at its sole discretion, in the event of a technical failure, computer virus or bug, unauthorized human intervention, fraud or any other occurrence or cause beyond its control that corrupts or adversely affects the administration, security, fairness or normal operation of the Contest.
8. GRANT OF CONTENT 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, and any other rights entrant has in the Entry, in any medium and for any purpose without compensation or attribution. This includes rights to create derivative works.
9. ENTRANT’S REPRESENTATIONS AND WARRANTIES
Each entrant represents and warrants that: 1) the entrant 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 third party; 9) the Entry does not include individuals who are: a) represented under a contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to list the Entry as permitted by these Official Rules; b) subject to a contract that would make such individual's appearance or likeness in the Entry a violation of any third-party rights; or c) 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 Entry worldwide in all media in perpetuity on a royalty-free basis, without payment or fee obligations, or d) under the age of majority and shown without parental or guardian consent.
10. LIMITATIONS OF LIABILITY
ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, ITS 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”) 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.
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.
11. 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 that 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.
12. SPONSOR
The Sponsor of this Contest is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125.