EBAY GIVING WORKS GIVE@CHECKOUT SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. 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 REGISTERED MEMBERS OF WWW.EBAY.COM AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF
VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. ELIGIBILITY: eBay Giving Works Give@Checkout Sweepstakes (the “Sweepstakes”) 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 registered members of www.ebay.com and who are physically located and reside in the United States or District of Columbia at the time of entry ("Eligible Participant"). 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, of eBay Inc. (“eBay”) and its affiliates, subsidiaries, and divisions (“eBay Entities”) (eBay and eBay Entities collectively, “Sponsor”), Children’s Miracle Network Hospitals, Sponsor’s advertising and promotion agencies, and Tenthwave Digital LLC and all others associated with the design, execution, production, development, and promotion of this Sweepstakes or are connected to this Sweepstakes in any way are not eligible to enter. Sweepstakes is subject to all federal, state and local laws. U.S. law governs this Sweepstakes and personal jurisdiction shall exclusively be the state and federal courts located in Santa Clara, California.
3. SWEEPSTAKES TIMING/DESCRIPTION: The Sweepstakes begins at 12:00:00 AM Pacific Time (PT) on June 24, 2013 and ends 11:59:59 PM PT on June 30, 2013 (the "Promotion Period"). One (1) Grand Prize will be awarded from among all eligible entries received throughout the Promotion Period.
4. HOW TO ENTER: There are two (2) ways to enter this Sweepstakes: online and via U.S. Mail. Online: Go to www.ebay.com and sign on to eBay with your eBay User ID and password. Once you have successfully logged in, you will receive one (1) entry in the Sweepstakes each time you make a donation to a featured non-profit organization through eBay’s “Give@Checkout” feature using PayPal during the Promotion Period. The “Give@Checkout” option will not be available for all eBay checkout processes, including but not limited to items that require instant payment. Online entry must be received by June 30, 2013. By Mail: To enter the Sweepstakes by U. S. Mail, hand print your name, address, city, state, ZIP code, eBay User ID, date of birth, email address (optional) and daytime telephone number on a 3” X 5” card, and mail it, in an envelope with postage affixed, to: eBay Giving Works Give@Checkout Sweepstakes, P.O. Box 923, Plainview, NY 11803-0923. Mail-in entries must be postmarked by July 1, 2013 and received by July 8, 2013 to be eligible for the Grand Prize Drawing. Enter as often as you wish. Limit one entry per outer envelope. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entries that are mechanically reproduced, copied, illegible, incomplete, postage due, late or inaccurate are void. Sponsor is not responsible for late, lost, incomplete illegible, damaged, postage due or misdirected entries. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. Proof of mailing does not constitute proof of delivery. Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor’s decisions are final on all matters relating to this Sweepstakes. 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. The promotional Website’s database clock will be the official timekeeping device for the Sweepstakes. If an entrant who is an eBay member changes his/her telephone number, email address, and/or street address after he/she enters the Sweepstakes, it is his/her sole responsibility to notify the Sweepstakes Administrator by (postal) mailing notice to the Administrator’s address (listed below) to be received by the end of the Promotion Period.
For greater certainty, if it is discovered that an Eligible Participant (or any person or entity purporting to be an Eligible Participant) has attempted to use (or attempt to use) multiple names, identities and/or more than one (1) eBay User ID to enter the Sweepstakes, then (in the sole and absolute discretion of the Sponsor), he/she may be disqualified from the Sweepstakes. Any Entry you submit will be rejected if (in the sole and absolute discretion of the Sponsor) it is not completed and submitted during the Promotion Period. Use (or attempted use) of multiple names, identities, eBay User IDs and/or any automated system to enter or otherwise disrupt this Sweepstakes is prohibited and is grounds for disqualification by the Sponsor. All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Sweepstakes. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.
5. DETERMINATION OF GRAND PRIZE WINNER: One (1) potential Grand Prize winner will be selected in a Grand Prize random drawing from among all eligible online and mail-in entries received. The random drawing will be conducted by Tenthwave Digital LLC, an independent judging organization, in Melville, NY on July 9, 2013. Judges’/Sponsor’s decisions are final on matters relating to this Sweepstakes. Potential Grand Prize winner will be notified by electronic mail and/or overnight or U.S. mail on or about July 9, 2013.
Potential Grand Prize winner will be required to sign an affidavit of eligibility/liability release and where legal, a publicity release, and Federal and State tax release, and return these documents, properly executed, via fax within forty-eight (48) hours, and via U. S. Mail 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. Odds of winning the Grand Prize depend upon the number of eligible online entries received and mail-in entries postmarked and received through the Promotion Period.
Potential Grand Prize winner will be required to sign an affidavit of eligibility/liability release and where legal, a publicity release, and 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. Allow 6-8 weeks for delivery of a prize. Odds of winning a Grand Prize in a Weekly Drawing depend upon the number of eligible online entries received and mail-in entries postmarked and received for a Weekly Drawing. Limit one prize per person/eBay User ID.
6. PRIZE: One (1) Grand Prize: A five (5) day/four (4) night trip for a family of four (4) (two adults and two children) to Orlando, Florida from August 7, 2013 – August 12, 2013. Trip includes round-trip air transportation (coach class) for the winner and three (3) guests from the major gateway airport in the Continental U.S. nearest the winner’s home, quadruple occupancy hotel accommodations at a Walt Disney World® Resort Hotel (hotel to be determined solely by the Sponsor) , round-trip transfers from airport to hotel and four (4) 5-day Park Hopper® Tickets . Actual value of trip prize depends upon 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. Approximate Retail Value (ARV): Up to $5,000. Tickets awarded as part of a prize are subject to the terms and conditions stated on such tickets..
All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winner. Prize is 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 prize are in Sponsor’s sole discretion. The prize will be awarded, providing there are a sufficient number of eligible entries received. If a winner is 18 years of age 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.
7. TRAVEL RESTRICTIONS: Winner and guest(s) must be able to travel on dates specified by Sponsor (August 7, 2013 – August 12, 2013) or prize will be forfeited and an alternate winner may be selected. Trip must be booked no later than July 17, 2013. 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 unless deemed to be the winner or a travel guest. Winner, guests or parent or legal guardian of minor guests must sign a 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 guests 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 by July 17, 2013. 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, or in the possession of winner's guest. 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 guests 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 Tenthwave Digital 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. All airline tickets issued in conjunction with prize are not eligible for frequent flyer miles. 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 quad occupancy; meals, telephone calls and other incidentals are not included.
9. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND TENTHWAVE DIGITAL LLC, CHILDREN’S MIRACLE NETWORK HOSPITALS, 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 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 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 SWEEPSTAKES 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 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 an Eligible Participant’s ability to participate in the Sweepstakes. Releases are not responsible for late, lost, incomplete, illegible, damaged, postage-due or 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 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 any virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Sweepstakes 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 SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate such entrant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website associated with the Sweepstakes 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 Sweepstakes, 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.
10. 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 Sweepstakes, 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 Sweepstakes-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 or Entry 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 Sweepstakes as contemplated in these Official Rules.
11. WINNERS' LIST: For the name of the Grand Prize winner, available after July 31, 2013, mail a self-addressed, stamped envelope by July 31, 2013 to: eBay Giving Works Give@Checkout Sweepstakes Winner, P. O. Box 997, Plainview, NY 11803-0997.
12. SPONSOR & ADMINISTRATOR: The Sponsor of this Sweepstakes is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125. Administrator: Tenthwave Digital LLC, 35 Pinelawn Road, Suite 207W, Melville, NY 11747.
©Copyright 2013 Tenthwave Digital LLC. All rights reserved. Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.