1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. ELIGIBILITY: The eBay Road Home 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, 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”), 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 October 16, 2013 and ends 11:59:59 PM PT on November 30, 2013 (the "Promotion Period"). There will be one (1) Daily Prize awarded throughout the Promotion Period and one (1) Grand Prize awarded at the end of the Promotion Period.
4. HOW TO ENTER: There are four (4) ways to enter this Sweepstakes:
A Photograph submitted as an 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 in its sole discretion. By submitting a Photograph, an Eligible Participant hereby acknowledges that they own or have secured all rights to use, publish and copyright the Photograph. If a photograph is taken by another party (Photographer), Eligible Participant must receive permission from the Photographer to submit the Photograph.
Entrants may enter only by using the entry methods described in these rules. 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 may not be acknowledged and will not be 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 email address from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address. The promotional Website’s database clock will be the official timekeeping device for the Sweepstakes
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: (i) obtain more than the stated number of entries allowed during the Promotion Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address 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, email addresses 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.
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 SWEEPSTAKES. 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 SWEEPSTAKES 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 SWEEPSTAKES.
5. DETERMINATION OF WINNERS: One (1) potential winner will be selected for each day of the Promotion Period in a random drawing on or about dates stated in the Daily Prize Entry Chart below from among all eligible online and mail-in entries received on dates /times stated in the Daily Prize Entry Chart below. One (1) potential Grand Prize winner will be selected in the Grand Prize Drawing on or about December 9, 2013 from among all eligible online and mail-in entries received during the Promotion Period. The random drawings will be conducted by Tenthwave Digital LLC, an independent judging organization, in Melville, NY. Judges’/Sponsor’s decisions are final on matters relating to this Sweepstakes. Potential Daily Prize winners will be notified by electronic mail and/or overnight or U.S. mail on or about dates stated in the Daily Prize Entry Chart below. Potential Grand Prize winner will be notified by electronic mail and/or overnight or U.S. mail on or about December 9, 2013. Entries received each day will not be eligible for subsequent Daily Prize drawings.
DAILY PRIZE ENTRY CHART:
|Day||Online entry rec’d between
12:00:00 AM ET and
11:59:59 PM ET on:
|Mail-in entry postmarked on:||Mail-in entry received by:||Drawing Date:||Winner notified on or about:|
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 Daily Prize winners will be required to verify their mailing addresses, and return any requested 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 Daily Prize. Odds of winning a Daily Prize depend upon the number of eligible online and mail-in entries received for each Daily Prize Drawing. Odds of winning the Grand Prize depend upon the number of eligible online and mail-in entries received during the Promotion Period. Limit one Daily Prize per person/email address.
6. PRIZES: One (1) Grand Prize: An Original 2012 Chrysler 300 automobile, purchased and modified by West Coast Customs. View a profile of the vehicle at http://www.ebay.com/motors/garage/profile/7227181/2012-Chrysler-300. Winner must have proof of valid insurance and a valid driver’s license in their state or place of residence in order to receive prize. Winner is solely responsible for title/license/registration/dealer prep/insurance/taxes/any other costs associated with this prize. Winner must take delivery of vehicle within 30 days of notification that dealership has received vehicle. Manufacturer’s guarantees & warranties apply. Actual vehicle to be provided as prize (including, but not limited to, model, make, color, year, options, and accessories) will be determined by the Sponsor, in its sole discretion, based on availability. Image of vehicle depicted on the promotional website may not be actual vehicle awarded, at Sponsor’s sole discretion. Approximate Retail Value (ARV): $65,000. Forty-seven (47) Daily Prizes, one (1) prize awarded each day: $50 eBay Gift Card. ARV: $50/each. Total ARV of all prizes: $67,300. eBay Gift Cards will be mailed to the physical address provided by the winners during prize notification within 6-8 weeks after prize notification. You must have an eBay account and PayPal account, in good standing, registered in the U.S., to redeem this Card. A prize will not be awarded to a winner with a locked, closed or restricted account. If you do not currently have a PayPal.com account, follow directions at www.PayPal.com to sign up for an account. eBay Gift Cards are valid only for purchases on eBay where PayPal is accepted. Not refundable or redeemable for cash. There is no expiration date or Card fees. Lost, stolen or damaged Cards will not be replaced. See http://giftcard.ebay.com/ns/terms.html for additional terms & conditions related to eBay Gift Cards.
All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winners. 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, providing there are a sufficient number of eligible entries received. Claimed prizes will be awarded. If 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.
8. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND TENTHWAVE DIGITAL LLC, 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.
9. 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 and 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.
10. WINNERS’ LIST: For the names of the winners, available after December 31, 2013, mail a self-addressed, stamped envelope by March 31, 2014 to: eBay Road Home Sweepstakes Winners, P. O. Box 997, Plainview, NY 11803-0997.
11. 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.