||eBay Bucks Rewards Program
EFFECTIVE APRIL 1, 2013
Notice of updated terms to the eBay Bucks Program Terms and Conditions. Effective April 1, 2013 the eBay Bucks Rewards Program in Canada is terminated.
EBAY BUCKS REWARDS PROGRAM TERMS & CONDITIONS
- Eligible Participants. An "Eligible Participant" means an eBay user who meets, and continues to meet during participation in the Program, the following criteria:
- Is a registered member of www.ebay.com with an eBay account in good standing (no hold or suspension) and is a legal U.S. 18 years of age or older with a U.S. registration address tied to his/her eBay account;
- Has a valid PayPal account or successfully signs up for a PayPal account and such account is in good standing (no hold, suspension, or past due amount);
- Accepts these Terms and Conditions and has not opted out of the Program by going to the eBay Bucks page in "My eBay" and follow the link "Want to unenroll from eBay Bucks?" located under the "Activity" table;
- Receives confirmation of registration in the Program from eBay (via confirmation page in the Program registration process) and
- Has not been previously terminated from participation in the Program by eBay.
- Qualifying Spend. "Qualifying Spend" means payment made for items purchased by Eligible Participants that meet the following criteria:
- They were purchased after Program registration on eBay.com excluding the following categories:
- All categories in Motors (at: motors.ebay.com) except for Parts & Accessories because Parts & Accessories are included in the Program;
- Real Estate,
- Business & Industrial,
- Gift Cards & Coupons, but only for eBay Gift Cards within that category, and
- Coins & Paper Money, but only for Bullion within that category.
- Paid for using the Eligible Participant's PayPal account during an Earn Period (defined below) using eBay's checkout system or a customized checkout system. Payments made directly via PayPal to a seller's account are not eligible;
- Excludes sales tax, shipping charges, discounts, partial refunds, free items, items that fail to comply with applicable eBay terms and conditions, past purchases, and non-shipped, undeliverable or returned items; and
- For returned or otherwise refunded items, eBay will reduce an Eligible Participant's Rewards balance in any Earn Period (even if the item was returned or refunded after the Eligible Participant already redeemed Rewards for such item) and this may result in a negative Rewards balance. eBay reserves the right to place a hold or suspend an Eligible Participant's eBay Bucks membership account in the Program if a negative Rewards balance is not reversed within 3 months.
- Earn Period and eBay Bucks Certificate.
- "Earn Period" means the applicable calendar quarter (3-month period) during which eBay offers to an Eligible Participant the opportunity to accrue Rewards (defined below).
- "eBay Bucks Certificate" means the certificate that eBay will issue to an Eligible Participant after an Earn Period based on the Rewards accrued, which will be valid for 30 days towards purchases on www.eBay.com (as described below).
- Rewards. "Rewards" means a U.S. dollar amount which will be given in the form of an eBay Bucks Certificate (or, in eBay's sole discretion, cash) attributed to the Eligible Participant's eBay account and meets the following criteria:
- Reward amount will be comprised of the base earn which is calculated as a percentage of Qualifying Spend plus any limited-time promotional offer(s) that eBay, in its sole discretion, may offer to Eligible Participants;
- If the Qualifying Spend was for items listed on www.ebay.com in foreign currencies, the Reward amount will be calculated based on the exchange rate available to eBay at the time of payment (so the final Reward amount may differ slightly from the amount displayed at the time of purchase);
- If eBay offers to an Eligible Participant multiple limited-time promotional offers for Rewards at any given time, that Eligible Participant will receive the promotional offer resulting in the highest Reward as calculated by eBay but limited-time promotional offers for Rewards may not be stacked or combined;
- An Eligible Participant can earn up to US$100 in Rewards for each transaction, regardless of the number of items purchased in that transaction;
- Over the course of each Earn Period, Rewards are capped at US$500 in Rewards for each Eligible Participant;
- Rewards may only be earned on one eBay account per Eligible Participant regardless of the number of eBay accounts used by such Eligible Participant;
- Rewards will be tied to the eBay account of the Eligible Participant and Rewards cannot be combined across any other eBay accounts;
- Unused Rewards on an eBay Bucks Certificate are forfeited when the eBay Bucks Certificate expires; and
- eBay reserves the right to hold back or otherwise suspend Rewards after purchase in its sole discretion to investigate compliance with eBay's policies so Rewards may not post for Qualifying Spend during eBay's investigation and will post if eBay clears the transaction.
- eBay reserves the right to fix any processing errors it discovers resulting in adjustments to Rewards after posting.
- Reward Redemption. An Eligible Participant may redeem Rewards in accordance with the following requirements:
- eBay will endeavor to issue an Eligible Participant an eBay Bucks Certificate within 15 days after the end of the Earn Period but eBay may take longer to issue an eBay Bucks Certificate or the eBay Bucks Certificate may be reduced if eBay is investigating compliance with its policies;
- The eBay Bucks Certificate is valid and redeemable by an Eligible Participant for 30 days after the eBay Bucks Certificate was issued by eBay;
- Rewards may only be redeemed toward purchases made on www.ebay.com;
- To use an eBay Bucks Certificate, the Eligible Participant must pay for an item using his/her PayPal account before the expiration of the eBay Bucks Certificate;
- Rewards will be deducted from the total purchase price and any unused Reward amount remaining on the eBay Bucks Certificate will continue to be available to the Eligible Participant until that eBay Bucks Certificate expires;
- Once eBay issues the eBay Bucks Certificate for Rewards earned, the Eligible Participant has until the expiration date on the eBay Bucks Certificate to redeem those Rewards and any unused amount on the eBay Bucks Certificate shall be forfeited if not redeemed before the expiration date;
- Rewards are not transferable and have no face value;
- Rewards may not be redeemable through some customized checkout systems;
- Rewards cannot be used retroactively for prior purchases;
- Rewards cannot be redeemed for cash but eBay reserves the right to give Rewards in the form of cash in its sole discretion;
- Unredeemed Rewards and/or eBay Bucks Certificates are forfeited if the Eligible Participant opts out of the Program, if the Eligible Participant's eBay or PayPal account is terminated or suspended, or if eBay terminates the Program or the Eligible Participant's participation in this Program; and
- If an Eligible Participant uses the eBay Bucks Certificate towards the purchase of an item that is later refunded, eBay will credit back to the Eligible Participant the Reward amount spent on the refunded item.
- Other Terms and Conditions.
- Modification and Termination.
- eBay reserves the right to modify or terminate this Program at any time by posting amended terms or a termination notice on the Eligible Participant's "eBay Bucks" section within My eBay or by sending email notice to the email addresses tied to Eligible Participants' eBay accounts. Except where stated otherwise, all amended terms will be effective three (3) days after they are posted and/or emailed to you. If any modification is unacceptable to you, your only recourse is to opt out of the Program by going to the eBay Bucks page in "My eBay" and follow the link "Want to unenroll from eBay Bucks?" located under the "Activity" table. eBay may also terminate an Eligible Participant's participation in the Program by sending the termination notice to the email address tied to the Eligible Participant's eBay account. Without limiting the foregoing, eBay may suspend an Eligible Participant's participation in the Program indefinitely to investigate potential violations of eBay's policies without prior notice to the Eligible Participant. If eBay in its sole discretion believes an Eligible Participant has or is using existing eBay accounts or creating new accounts in order to circumvent or undermine these Terms and Conditions, eBay reserves the right to terminate the Eligible Participant's participation from the Program.
- To opt out of this Program, please go to the eBay Bucks page in "My eBay" and follow the link "Want to unenroll from eBay Bucks?" located under the "Activity" table. By opting out, you forfeit all accumulated Rewards.
- Restrictions. The Program is void where prohibited and subject to U.S. laws.
- Combination with Other Programs. eBay Bucks Certificates may be combined with Gift Certificates, Coupons, and Gift Cards.
- 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 PROGRAM. 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 PROGRAM 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 PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY AND PAYPAL DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO WWW.EBAY.COM OR 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 Program 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 Program, 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 Program, 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 Program, eBay reserves the right at its sole discretion to disqualify any individual connected therewith, to modify or suspend the Program, or to terminate the Program. In all matters relating to the interpretation and application of any rule or phase of this Program, the decision of eBay shall be final. eBay reserves the right to cancel, amend or revoke any Program at any time due to reasonable business consideration or circumstances beyond its control. Any attempt by an Eligible Participant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Program is a violation of criminal and civil laws and should such an attempt be made, eBay reserves the right to revoke any Rewards and 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 Program 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 Program is prohibited.
- The waiver by eBay of a breach of any provision of this Agreement by an Eligible Participant or other individual shall not operate or be construed as a waiver of any other or subsequent or preceding breach by an Eligible Participant or other individual. No waiver by eBay of any right under the Program shall be construed as a waiver of any other right. eBay shall not be required to give notice to enforce strict adherence to all terms of the Program.
- Governing Law. For purchases made at www.ebay.com these Terms and Conditions and the Program will be interpreted, construed and enforced, and governed in all aspects in accordance with the exclusive jurisdiction and laws of the state of California. Any cause of action arising under or relating to these Terms and Conditions will be brought exclusively in a court in Santa Clara County, CA.