EBAY BACK TO SCHOOL INSTANT WIN GAME

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE AND OLDER, AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA. VOID IN PUERTO RICO AND WHERE PROHIBITED. 

1. ELIGIBILITY:  The eBay Back to School Instant Win Game (the “Game”) is open to legal residents of the fifty (50) United States and the District of Columbia, 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 Game or are connected to this Game in any way are not eligible to enter.  Game is subject to all federal, state, and local laws.  U.S. law governs this Game and personal jurisdiction shall exclusively be the state and federal courts located in Santa Clara, California.  By participating, you understand that you are providing your information to the Sponsor and not to Facebook. The information you provide will only be used for the administration of the Game.  The Game is in no way sponsored, endorsed or administered by, or associated with, Facebook.

2. TIMING/DESCRIPTION: The Game begins at 8:00:00 AM Pacific Time (PT) on (August 1, 2012), and ends 7:59:59 AM PT on August 31, 2012 (the "Promotion Period").  There will be one hundred (100) Instant Win Prizes awarded throughout the Promotion Period.  Unclaimed Instant Win Prizes will not be awarded.    

3. HOW TO PLAY THE INSTANT WIN GAME:  You may play the Game through the eBay application on the Facebook platform. To access the eBay application, you must go to www.facebook.com/ebay and click on the “like” button and then click on the “Instant Win Game” tab.  You must “allow” the application in order to access the Game.  To play the Game, log in by entering your email address and the security characters where indicated, and click the “Submit” button. You will be asked to complete and submit a one-time Registration Form. Once completed, click “Submit” and you will be taken to the Game Play page.  Follow the instructions on the screen to play the Game (“Game Play”).  If you receive a winning message, you are a winner of the prize indicated subject to verification and compliance with these Official Rules.  If you do not receive a prize winning message, you are not an instant winner. Limit one (1) game play per person/Facebook ID/per day.  Subsequent Game Plays submitted by the same person/Facebook ID/per day will be void.  A “day”, for purposes of this Game, is defined as the 24-hour period beginning 12:00:00 AM PT and ending at 11:59:59 PM PT of the same day, except on Day 1 beginning at 8:00:00 AM PT and ending at 11:59:59 PM PT, and the last day of the Game, beginning at 12:00:00 AM PT and ending at 7:59:59 AM PT.  Game ends 7:59:59 AM PT on August 31, 2012.  The number of winning messages will be seeded randomly throughout the Promotion Period.  Game Play must be completed during the Promotion Period in order to be valid.  Proof of Game Play and/or winning that is generated or provided by an Eligible Participant shall not be considered proof of playing and/or winning. Subject to the restrictions herein.  Unclaimed instant win prizes will not be awarded.  Limit one instant win prize per person/Facebook ID.  Game plays made under multiple identities or through the use of any agent or other device or artifice to play multiple times in one day will be deemed invalid. Incomplete Game Play not complying with these Official Rules is subject to disqualification.  Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Game Plays.  Use of the Game Site, and Sponsor’s use of information submitted by Eligible Participant in connection with the Game, will be subject to the terms and conditions stated in these Official Rules as well as to the eBay User Agreement and Privacy Policy available on the eBay Site.  You will not be eligible for the Game if your accounts on the eBay Site are not in good standing. In order for your accounts to be deemed in good standing as that term is used herein, you must not have a hold on your account and your account must not be suspended or past due as of August 1, 2012. Registrations/game plays that have been generated by a script, macro, bot or any other automated means will be deemed void.  Registrations/game plays that are mechanically reproduced, copied, illegible, incomplete or inaccurate are void.  All materials submitted in connection with the Game become the property of the Sponsor and will not be acknowledged or returned.  If a dispute results as to the identity of an Eligible Participant, it will be determined that the online entry was submitted by the authorized account holder of the Facebook ID from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to a Facebook ID by Facebook.  The promotional website’s database clock will be the official timekeeping device for the Game.  Releasees (as defined below) are not responsible for late, lost, incomplete, illegible, damaged, inaccurate, delayed or misdirected Game Plays.

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 one (1) Game Play per person per day during the Promotion Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to play the Game per day; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Game.  Any Game Play 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 play or otherwise disrupt this Game is prohibited and is grounds for disqualification by the Sponsor. All Game Plays 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 play the Game and/or win a prize.  Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.

5. INSTANT WINNER NOTIFICATION AND VERIFICATION: Potential Instant Win Game winners will receive immediate notification online, subject to verification of eligibility and compliance with the terms of these Official Rules. Potential Instant Prize winners may be required to verify their mailing address prior to issuance of prize.  Potential winners will be notified on or about September 1, 2012 by electronic mail and/or U.S. or overnight mail.  A potential instant winner may be disqualified for the following reasons:  if requested, failure to respond to an email request or return any or all documents, fully executed, within the specified time period; a prize or prize notification being returned as undeliverable; a potential winner not complying with any of these Official Rules; or Sponsor’s inability to contact a potential winner within a reasonable time.  If any winner is eligible but still considered a minor in his/her state of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein. Allow 6-8 weeks for delivery of prize.  Limit one instant win prize per person/Facebook ID.  All claimed prizes will be awarded.

6. INSTANT WIN PRIZES:  One hundred (100) Instant Win Prizes:  A $50 eBay Gift Card. ARV:  $50/ea.  Total ARV of all prizes:  $5,000.  A winner must have or must create a United States PayPal Account in good standing (the “PayPal account”) in order to receive, access, and use the prize. A prize will not be awarded to a winner with a locked, closed or restricted account.  If you are an existing PayPal customer, your prize will be deposited in the PayPal account associated with the email address you provided.  If the email address you provided is not associated with your PayPal account, you must associate it with your PayPal account within 7 days from time of prize notification.  If you do not currently have a PayPal.com account, you must create a PayPal account within 7 days from the time of prize notification to qualify.  Follow directions at www.PayPal.com to sign up for an account.  Prize will be deposited in the winner’s PayPal account within 6-8 weeks of prize notification.  You must have an eBay account and PayPal account registered in the U.S. to redeem this Card.  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. A 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 prizes are in Sponsor’s sole discretion. 

7. ODDS OF WINNING AN INSTANT WIN PRIZE: Odds of winning an Instant Win Prize:  1 in 3,100.  Odds based upon an estimate of 310,000 Game Plays transacted over the Promotion Period; actual odds of winning will depend upon the actual number of Game Plays transacted.   

8. CONDITIONS OF PARTICIPATION: By participating, Eligible Participants agree to be bound by these Official Rules including all eligibility requirements.  Use of any eBay Site and Sponsor’s use of information submitted by Eligible Participants in connection with this Game will be subject to the terms and conditions stated in these Official Rules as well as to the eBay Users Agreement and Privacy Policy available on the eBay Site.  You will not be eligible to receive a prize if your accounts on any eBay Site are not in good standing.  In order for your accounts to be deemed in good standing as that term is used herein, you must not have a hold on your account and your account must not be suspended or past due as of August 1, 2012.   All materials submitted in connection with the Game become the property of Sponsor and will not be returned. By accepting a prize, a winner consents to the use of his/her name, image, likeness, photograph, voice and biographical material for advertising, publicity and promotional purposes by Sponsor, or a party designated by Sponsor, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law.  Eligible Participants agree that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between Eligible Participants and eBay in connection with this Game.  Eligible Participants agree to waive any right to claim ambiguity in these Official Rules, and agree that any and all disputes shall be governed by the laws of the State of California.

9. LIMITATION OF LIABILITY: ELIGIBLE PARTICIPANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND TENTHWAVE DIGITAL LLC, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, FACEBOOK, INC. 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 GAME 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 GAME 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 game plays 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 a Registration Form or play the Game, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of any information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Game or by any technical or human error which may occur in the processing of Game Plays which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Game. Releases are not responsible for late, lost, incomplete, illegible, damaged or misdirected Game Plays.  Game Plays 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 Game 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 Game, 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 Game or for any other reason in its sole discretion.  In such event, Sponsor may void any Game Plays they suspect are at issue and award a prize from among all non-suspect, eligible Game Plays received up to the date of cancellation.  CAUTION:  ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE GAME OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE GAME 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 person who violates the rules or interferes with the Game in any manner.  If a person is disqualified, Sponsor reserves the right to terminate such person’s eligibility to participate in the Game.  Any attempt by an individual to access any website associated with the Game via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address and all Game Plays 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 Game, 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. NUMBER OF PRIZES:  No more than the listed number of prizes will be awarded.  In the event of a printing, production, technical or human error, or for any other reason, the number of winning Game Plays distributed or received for any prize level exceeds the number of prizes listed in these Official Rules for that level, Sponsor reserves the right to conduct a random drawing from among all non-suspect, eligible prize claims received to award the listed number of prizes for that level.

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 Game, 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 Game-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 Eligible Participant or Game Play 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 Game as contemplated in these Official Rules.

12. WINNERS’ LIST: For the names of the prize winners, available after September 30, 2012, mail a self-addressed, stamped envelope by September 30, 2012 to:  eBay Back to School Instant Win Game, P. O. Box 913, Bethpage, NY  11717-0913.  

13. SPONSOR & ADMINISTRATOR: The Sponsor of this Game is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125.  Administrator:  Tenthwave Digital LLC, 35 Pinelawn Road, Suite 207W, Melville, NY  11747. 

©Copyright 2012 Tenthwave Digital LLC.  All rights reserved. Participants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.