Date: May 25, 2021
Client: eBay, Inc.
Sweepstakes: eBay Certified Refurbished Registry Sweepstakes
No purchase necessary. Void where prohibited. The eBay Certified Refurbished Registry Sweepstakes is sponsored by eBay, Inc. Open to legal residents of the 50 U.S. & D.C., 18 & older. Begins 12:00 a.m. ET on 6/7/21 and ends 11:59 p.m. ET on 6/22/21. For Official Rules additional eligibility restrictions, prize descriptions/restrictions/ARVs and complete details, visit http://ebayrefurbregistry.com/rules.
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 OR OVER AS OF DATE OF ENTRY.
SWEEPSTAKES ENTRY PERIOD: The eBay Certified Refurbished Registry Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on June 7, 2021 and ends at 11:59 p.m. ET on June 22, 2021 (“Sweepstakes Entry Period”). The entire duration of the Sweepstakes runs from June 7, 2021 until potential winner has been notified, verified and prizes have been awarded.
ELIGIBILITY: Open to legal residents of the 50 United States or the District of Columbia, who are 18 years of age or older as of date of entry. Officers, directors, and employees of eBay, Inc. (“Sponsor”), Daniel J. Edelman, Inc., Don Jagoda Associates, Inc. (the “Administrator”), and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, and each of their respective shareholders, directors, officers, members and agents and their immediate family members (spouses, parents, children, and siblings and their spouses)and/or those living in the same household of each, are not eligible to participate or win or be nominated. Void where prohibited by law and subject to all federal, state and local laws.
HOW TO ENTER: During the Sweepstakes Entry Period, you can enter the Sweepstakes by visiting http://ebayrefurbregistry.com/ (the “Site”) and following the instructions to create a registry of items that are offered on eBay’s certified refurbished site (found here: https://www.ebay.com/b/Certified-Refurbished/bn_7040708936) that could help yourefurbish your relationships following the hardships of the pandemic to receive one (1) entry (the “Entry”) into the Sweepstakes. The person uploading the Entry will be deemed the entrant (the “Entrant”). There is a limit of one (1) Entry per person per day. All Entries must be completed and submitted by the end of the Sweepstakes Entry Period. Normal Internet/phone access and data/usage charges imposed by Entrants’ online service will apply. The Site’s database clock will be the official time keeper for this Sweepstakes. Proof of entering information at the Site is not considered proof of delivery to or receipt by Sponsor of such Entry.
RANDOM DRAWING: On or about June 30, 2021, three (3) Grand Prize winners will be selected in a random drawing from among all eligible Entries received. Drawings will be conducted by the Administrator, whose decisions are final on all matters relating to the Sweepstakes. Odds of winning a prize are dependent upon the number of eligible Entries received.
GRAND PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): There are three (3) “Grand Prizes” available. Each Grand Prize consists of: A $5,000 eBay gift card to be used to fulfill winner’s registry. In addition to the Grand Prize, the Sponsor will provide the verified winner with a single payment of One Thousand Seven Hundred and Fifty Dollars ($1,750), which is intended to help the winner pay any federal, state, or other tax obligations related to the prize (the “Tax Gross-Up Payment”). The Approximate Retail Value (“ARV”) of each Grand Prize and the Tax Gross Up Payment is: $6,750). Grand Prize is non-transferable and no cash redemptions substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value if featured prize becomes unavailable. Winner is responsible for all taxes on prize. No more than advertised number of prizes will be awarded. Applicable portions of the Grand Prize will be delivered only to addresses in the United States. Grand Prizes will be awarded provided a sufficient number of eligible Entries are received.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- GENERAL RULES: Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Tax Gross-Up Payment may not be sufficient to cover the winner’s tax liability related to winning the prize. The winner should consult his or her tax advisor on the proper treatment of the Tax Gross Up Payment. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to the/each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of the/each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in the/each prize winner forfeiting the prize(s) and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. If you are the potential winner, you will be notified by email (“Winner Notification”). Potential Grand Prize winner (or his/her parent/guardian, if potential Grand Prize winner is an eligible minor in his/her state of residence) will be required to sign and return a Declaration of Eligibility and Liability Release, and except where prohibited, publicity release and assignment of rights (“Declaration”) within twenty-four (24) hours of notification in order to be confirmed as the winner. If potential Grand Prize winner fails to return the completed Declaration within twenty-four (24) hours of Winner Notification, or if notification or prize or Declaration is returned as undeliverable, or if Entrant shall be deemed to be ineligible or otherwise not in compliance with these Official Rules, then potential Grand Prize winner will be deemed disqualified and their claim to the Grand Prize will be forfeited and an alternate potential Grand Prize winner will be randomly selected from the remaining eligible Entries and the same verification process outlined above will be followed to verify that potential winner. Sponsor will make up to three attempts to verify winner and award prize; thereafter, unclaimed prize may not be awarded. Winners and all Entrants, as a condition of entry into the Sweepstakes and use of prize, agree to release the Released Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with creation of or submitting an Entry, or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of the prizes awarded, including but not limited to any claims associated with COVID-19, or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Acceptance of prize constitutes permission to use Entrant’s name, likeness, and Entry (as applicable) for promotional purposes (including any possible public relations opportunities) without further compensation, except where prohibited by law. By participating in the Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Judges. The Released Parties are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user, by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human error which may occur in the processing of the Entries in the Sweepstakes, or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Sweepstakes. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel the Sweepstakes and select the winning Entries from among all eligible Entries received prior to cancellation, as outlined above. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents. Entries generated by script or bot are not eligible. As a condition of participating in the Sweepstakes or winning a prize, Entrant (and any minor Entrant’s parent or legal guardian) agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waive all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.
- GOVERNING LAW, JURISDICTION AND VENUE: SPONSOR IS REGISTERED UNDER THE LAWS OF THE UNITED STATES WITH HEADQUARTERS IN CALIFORNIA. THE CALIFORNIA COURTS (STATE & FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE SAME. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND HEREBY IRREVOCABLY SUBMITS TO THE VENUE OF THOSE COURTS WITHIN CALIFORNIA.
- ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
WINNERS LIST: For the names of the winners, available after July 15, 2021, send a stamped, self-addressed envelope by August 1, 2021, to: The eBay Certified Refurbished Registry Sweepstakes - Winners, 100 Marcus Drive, Attn: DE, Melville, NY 11747.
SPONSOR: The Sponsor of the Sweepstakes is eBay, Inc., 2065 Hamilton Avenue, San Jose, CA 95125. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.