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Holiday Giveaway Promotion Official Terms and Conditions
By participating in this Holiday Giveaway promotion ("Promotion"), you acknowledge that you have read, understood, and agree to be bound by these Official Terms and Conditions.
The Promotion begins at 12:00 AM (PT) December 6, 2002, and ends at 11:59:59 PM (PT)December 17, 2002 ("Promotion Period").
- How To Receive The $5.00 PayPal Credit ("Credit"). Eligible Participants (defined below) who have received the eBay promotion email ("Promotion Email") will receive the $5.00 Credit in their PayPal account if, and only if, they do both of the following during the Promotion Period: (i) Go to www.paypal.com (the "PayPal Site") and sign up for a PayPal account using your exact same email address the eBay promotion email was sent to ("Promotion Email Address"), and (ii) confirm such Promotion Email Address during the PayPal registration process. Please note that only one Credit will be given per each Promotion Email Address/Eligible Participant, regardless of how many PayPal accounts you sign up for using such email address. All information submitted to PayPal during the registration process will be used in accordance with PayPal's privacy policy located on the PayPal Site.
- When Will I Receive the Credit? The Credit will appear in your PayPal account within approximately three (3) to five (5) business days after you confirm your PayPal registration.
- Eligibility. The Promotion is open only to the original intended recipients of the Promotion Email sent by eBay ("Eligible Participant(s)"). Such Eligible Participants have been randomly selected by eBay. The Promotion Email cannot be transferred or forwarded, and any individual who receives the Promotion Email as a result of such email being transferred or forwarded is not eligible to receive a Credit. eBay reserves the right to disqualify any Eligible Participant(s), in eBay's sole discretion, if such Eligible Participant(s) forwards or transfers the Promotion Email to anyone. Employees of eBay Inc., PayPal, and all their respective subsidiaries, affiliates, and their immediate families (spouse, parents, children, siblings and their respective spouses) and individuals living in the same household as such employees are ineligible. Void where prohibited by law. This Promotion is subject to all applicable federal, state laws and regulations. The Promotion is open only to legal U.S. residents who are 18 years of age or older.
- How Can The Credit Be Used? The Credit may be used to purchase listings on www.eBay.com (the "eBay Site") through PayPal, or in any other manner that is permitted under PayPal's user agreement available on the PayPal Site.
- Limitation of Liability. BY PARTICIPATING IN THE PROMOTION, ENTRANTS AGREE TO WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS EBAY INC., PAYPAL, INC. AND ALL THEIR AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE PROMOTION OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE CREDIT. 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 OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT NEITHER EBAY NOR PAYPAL HAS MADE NOR IS 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 PROMOTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER EBAY NOR PAYPAL MAKES ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE OR THE PAYPAL SITE, AND NEITHER EBAY NOR PAYPAL SHALL BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for printing or typographical errors in any Promotion related materials; for stolen, lost, late, misdirected, Credits; or for transactions and/or emails that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this Promotion, or process any transaction thereon (including registration on the PayPal Site). If in eBay's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, eBay reserves the right at its sole discretion to disqualify any individual who tampers with the entry process, to modify or suspend the Promotion, or to terminate the Promotion. eBay reserves the right to modify or terminate the Promotion in its entirety at any time and at its sole discretion. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, the eBay reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any web site associated with this Promotion via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
- Governing Law. These Official Rules will be interpreted, construed and enforced in all aspects in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
- Variation of the Official Rules. These Official Rules may be modified or amended by eBay in its sole discretion at any time and such amendments will apply to all participants. Any such amendments will be posted on this page, and it is the responsibility of participants to review this page from time to time for such amendments.
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