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| 1. |
How to Receive the eBay Holiday Savings Coupon Discount. Eligible Participants (defined below) will receive up to the value indicated on their eBay Holiday Savings Coupon ("Coupon") off the purchase price (excluding shipping, handling, and taxes) of a single item on eBay.com, meeting the requirements stated in Section 3 below (the "Discount") if, and only if, they do the following:
(i) Qualify to use the Coupon based on the eligibility requirements stated in Section 4 below;
(ii) Have a valid PayPal account or successfully sign up for a PayPal account within the eBay checkout flow;
(iii) Purchase an item on www.eBay.com (the "eBay Site") or on any localized eBay site; AND
(iv) Pay for such item using their PayPal account before the expiration of the Coupon.
The Coupon will expire on December 18, 2007 11:59:59 PM, PST. Please note that purchases on www.express.ebay.com are excluded.
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| 2. |
One Time Use Only. The Discount is for one-time use on a single purchase only. This means the Coupon may only be redeemed on one purchase of a single item from a single seller, using a single method of shipping and single currency, in a single transaction. |
| 3. |
How Discount Will Be Given. The Discount will be automatically deducted from the purchase of a single item costing $100 ($USD) or more when you pay for the item using PayPal at the time of checkout. The maximum amount of the Discount is $25 ($USD). To use the Discount, enter the redemption code from the face of the Coupon when prompted. |
| 4. |
Eligibility. The Coupon may only be used by the recipients of the communication that includes the Coupon such as an email, catalog, or online placement who are registered members of the eBay Site and are legal U.S. residents, 18 years of age or older ("Eligible Participant"). You will not be eligible to use the Coupon if your eBay account is not in Good Standing. In order for your account 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 November 15, 2007. Employees of eBay Inc. ("eBay"), PayPal, 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. |
| 5. |
Restrictions. The Coupon is not redeemable for cash. Should you be entitled to a refund for a purchase made with the Coupon, any such refund you may be entitled to receive will not include the portion paid with the Coupon or its Discount. The Coupon is not transferable and has no face value. The Coupon is void where prohibited. The Coupon is subject to U.S. laws. The Coupon will expire on December 18, 2007 11:59:59 PM, PST. Please note that purchases on www.express.ebay.com are excluded. |
| 6. |
Limitation of Liability. EBAY AND PAYPAL SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM THE COUPON. 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 OF THIRD PARTIES. RECIPIENTS OF THE COUPON AGREE THAT EBAY AND PAYPAL 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 COUPON. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY AND PAYPAL DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE OR THE PAYPAL SITE (WWW.PAYPAL.COM) AND EBAY AND PAYPAL SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. eBay and PayPal are not responsible for printing or typographical errors in any Coupon related materials; for stolen, lost, late, misdirected items; 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 the Coupon, or process any transaction thereon. If in eBay's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Coupon, 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 Coupon, eBay reserves the right at its sole discretion to disqualify any individual connected therewith, to modify or suspend the Coupon, or to terminate the Coupon. In all matters relating to the interpretation and application of any rule or phase of the Coupon, the decision of eBay shall be final. eBay reserves the right to cancel, amend or revoke any Coupon at any time due to reasonable business consideration or circumstances beyond its control. Any attempt by a Coupon recipient or any other individual to deliberately damage any web site or undermine the legitimate operation of the Coupon is a violation of criminal and civil laws and should such an attempt be made, 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 the Coupon 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 devices or programs to redeem the Coupon is prohibited. |
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No Combination of Coupon with Other Coupons. The Coupon cannot be combined with any other coupon. The Coupon may be combined with eBay Gift Certificates and eBay Gift Cards. |
| 8. |
Governing Law. These Terms and Conditions will be interpreted, construed and enforced, and governed in all aspects in accordance with the exclusive jurisdiction and laws of the state of California. |
