eBay : Checkout : Sweepstakes Rules

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eBay "Checkout" Sweepstakes
No Purchase Necessary to enter or win a prize.
A purchase will not improve your chances of winning.

1) ELIGIBILITY: Sweepstakes is offered only in the 50 United States and the District of Columbia ("United States"), and is open only to legal residents of the United States 18 years of age and older. Employees of eBay Inc. ("Sponsor"), asterisk*, Frankel & Company ("Frankel"), their respective parent, affiliate, subsidiary and related companies and the immediate families (spouse, and parents, siblings and children, and each of their respective spouses regardless of residence) and household members of each, whether related or not, are not eligible. Void where prohibited.

2) HOW TO ENTER: Sweepstakes begins at 11:00 a.m. Pacific Time ("P.T.") on November 1, 2001, and ends at 11:00 a.m. P.T. on November 30, 2001 (the "Entry Period"). Automatic Internet Entry: Each time you make a purchase ("Purchasers") using the new Checkout system or have set up ("Sellers") the new Checkout system through eBay.com during the Entry Period you will be automatically entered. No Purchase Write-in Entry: On a 3" x 5" card, hand-print your name, complete address, daytime telephone number and mail card in a #10 envelope via 1st Class to: eBay "Checkout" Sweepstakes, P.O. Box 812720, Chicago, IL 60681-2720. Mail-in entries must be postmarked by November 30, 2001, and received by December 7, 2001. Limit one entry per stamped envelope. Entries may be subject to verification prior to prize drawings. All entries become the property of the Sponsor and will not be returned or acknowledged.

3) PRIZES: Two (2) Grand Prizes (one for Buyers and one for Sellers): A $1,000 credit with eBay Online Payments by Billpoint and a $500 donation to one of the following charities: September 11th Fund, Twin Towers Fund, New York State World Trade Center Relief Fund, or the American Red Cross. Winners will have the opportunity to select one and the contribution will be made in the winner's name from eBay.com.

Ten (10) First Prizes: (five for Buyers and five for Sellers) A $500 credit with eBay Online Payments by Billpoint and a $200 donation to one of the following charities: September 11th Fund, Twin Towers Fund, New York State World Trade Center Relief Fund, or the American Red Cross. Winners will have the opportunity to select one and the contribution will be made in the winner's name from eBay.com.

4) PRIZE RESTRICTIONS/CONDITIONS: Prize is non-transferable. No cash or other prize substitution, except by Sponsor, in its sole discretion. Winner is solely responsible for any taxes on the prize as well as any expenses not listed relating to acceptance and use of the prize. Billpoint credits must be used by January 1, 2003. Twin Towers Relief Fund to whom donations will be made will be determined by Sponsor. Winners will not be eligible for tax deduction on account of donation.

5) DRAWINGS: A random drawing will be conducted on or about December 11, 2001 by asterisk*, an independent judging organization from among all eligible entries received for Buyers and Sellers. Mail-in entries will be included in both drawings. Odds of winning will depend upon the total number of entries received.

6) NOTIFICATION OF WINNERS/AWARDING OF PRIZES: Grand Prize winners will be notified by e-mail and/or a traceable form of delivery and will be required to complete, sign, have notarized and return an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release within fourteen (14) days of receiving prize notification. If not timely returned, prize will be forfeited and awarded to an alternate winner. All winners will receive his/her prize in the form of a credit with eBay Online Payments by Billpoint (http://pages.ebay.com/help/buyerguide/bp-buyer.html).

7) ADDITIONAL TERMS: By entering the Sweepstakes, entrants agree to (a) abide by the Official Rules and the decisions of the judges and Sponsor which shall be final, and (b) to release, discharge and hold harmless Sponsor, asterisk*, Frankel and their respective parent, affiliate, subsidiary and related companies, including without limitation any telephone network or service providers and their respective parents, affiliates, subsidiaries, related companies, divisions, advertising and promotion agencies and the respective employees, directors and officers of the foregoing (collectively "Releasees"), from and against any/all claims, losses, injuries or damages, resulting from the acceptance, use or misuse of any prize and/or participation in the Sweepstakes. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. CAUTION: Sponsor reserves the right, in its sole discretion, to disqualify any individual believed to be tampering with the entry process. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law and, should an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sweepstakes is governed by laws of the United States with venue in San Jose, California for the resolution of all claims and disputes.

8) LIMITATIONS OF LIABILITY: Sponsor and its agents are not responsible for any late, lost, incomplete, misdirected or postage-due entries or mail, nor are they responsible for incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Sweepstakes; any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access of the web site; any injury or damage to participants or to any other person's computer(s) related to or resulting from participating in this Sweepstakes, or downloading materials from or use of the web site. If, for any reason the Sweepstakes cannot be conducted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, disaster or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes or the drawing and may conduct drawing a drawing or drawings to select winners from among all eligible entries received prior to the action taken. In no event will Sponsor and/or Releasees be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of access to and use of the web site eBay.com, or the downloading from and/or printing material downloaded from said site. Without limiting the foregoing, everything on the site is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations or the exclusions of liability for incidental or consequential damages, or exclusion of implied warranties so some of the aforementioned limitations or exclusions may not apply. Check local laws for any restrictions or conditions regarding these limitations and/or exclusions.

9) WINNERS LIST: For the names of the winners, mail a self-addressed, stamped envelope postmarked by November 30, 2001, and received by December 7, 2001 to: eBay "Checkout" Sweepstakes Winner, P.O. Box 812420, Chicago, IL 60681-2420.

SPONSOR: eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125; administered by asterisk*, 111 E. Wacker Drive, Chicago, IL 60601.

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