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eBay "2004 Best in Stores!" Contest Official Rules
 
Open to Registered Sellers on www.ebay.com (the "eBay Site") that have eBay
Stores and who are Legal Residents of the U.S. and the District of Columbia,
18 Years of Age or Older. Void in Puerto Rico and where prohibited.
 

 
1. How To Enter:
The entry period for the eBay "2004 Best in Stores!" Contest ("Contest") begins at 10:00 AM Pacific Standard Time (PST) April 26, 2004 and ends at 11:59 PM PST May 7, 2004 ("Entry Period"). During this Entry Period, registered sellers of the eBay Site that have an eBay Store can go to http://pages.ebay.com/storefronts/bestinstores.html and register ("Enter") their Store into one or all three of the following categories: (1) Best Looking Store; (2) Best Shopping Experience; and (3) Best / Most Creative Use of Custom Pages. Entries may only be submitted online. By entering this Contest, winners agree to grant eBay Inc. ("Sponsor"), its agents, subsidiaries and affiliates an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Entry, in any media now known or hereafter devised (including without limitation, the Internet), without additional compensation. Sponsor's use of information submitted to Sponsor in connection with this Contest will be subject to the terms and conditions of these Official Rules and the eBay User Agreement available on the eBay Site. Information collected from entrants will be used solely for the purposes of the Contest, including verifying eligibility for the Contest and notifying the finalists and Grand Prize winners, and will not be re-used, sold or shared in any manner for any other purposes.
 
2. Selection of Finalists:
Five (5) finalists from each of the three (3) categories will be selected according to the following criteria: Use of Best Practices (linking strategies, use of Storefront features, etc.) - 40%; Creativity (original use of Store features) - 30%; and Presentation (provides a pleasant buyer experience) - 30%. Finalists will be selected from the eligible entrants by eBay under the supervision of Marden-Kane Inc., an independent judging organization. A panel of judges from eBay will select the top five (5) Stores ("Finalists") from each of the three (3) categories from among all entries using the above judging criteria. In the event of a tied score among the top five scoring entries, the entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate entries according to criteria listed above. Decisions of judges are final and binding on all matters relating to this Contest. Becoming a finalist is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Finalists will be determined on or about May 13, 2004 from among all eligible entries received. Decisions of judges are final and binding on all matters relating to this Contest.
 
3. How to Vote for Finalists/Selection of Winners:
The five (5) finalists in each of the three (3) categories will appear on the 2004 Best in Stores! Contest Voting Site at http://pages.ebay.com/storefronts/bestinstores.html from 10:00 AM PST May 14, 2004 through 11:59 PM PST May 28, 2004 ("Voting Period"). During the Voting Period, all eligible eBay registered users may vote for the best Store in each of the three (3) categories: (1) Best Looking Store; (2) Best Shopping Experience; and (3) Best / Most Creative Use of Custom Pages using the following criteria: Use of Best Practices (linking strategies, use of Storefront features, etc.) - 40%; Creativity (original use of Store features) - 30%; and Presentation (provides a pleasant buyer experience) - 30%. Upon conclusion of the Voting Period, Sponsor will tally the votes and determine the potential Grand Prize winners based on the greatest number of valid votes. Voting is limited to one (1) vote per eligible registered eBay user per category. The finalist whose Store receives the highest number of valid votes in its category will be the potential Grand Prize winner for that category. However, if a finalist receives the highest number of valid votes in more than one category, then that finalist will only be deemed the winner for the first of those categories based upon the order of categories as listed above. Subsequently, the next runner up for a category in which the original finalist was removed will be deemed the winner for that category. Limit one (1) prize per person. Winning is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in the Official Rules. In the event of a tied score, the finalists involved in a tie will be reviewed by an additional judge appointed by the Sponsor who will serve as a tie breaker and who will evaluate the tied entries according to the criteria listed above.
 
4. Prizes:
Three (3) Grand Prizes (one prize per category): $1,500 cash and recognition at eBay Live! and on the eBay Site. Approximate Retail Value $1,500. Total Approximate Retail Value of all Contest prizes: $4,500. All prizes will be awarded on or about June 30, 2004. All taxes and other costs not expressly assumed by the Sponsor are the responsibility of the individual winners. Taxes are the sole responsibility of the winners. Grand Prize winners must sign a consent to Publicity, Liability Waiver form prior to receiving their prize. Limit of one (1) prize per person. No substitutions or transfers of prize permitted, except at Sponsor's sole discretion.
 
5. Eligibility:
This Contest is open only to registered sellers on www.ebay.com (the "eBay Site") that have eBay Stores on the US site, and who are legal residents of the U.S. and the District of Columbia, 18 years of age or older. Employees of eBay Inc., and its respective subsidiaries, affiliates, prize suppliers, advertising and promotion agencies, including Marden-Kane, Inc., and their immediate families (spouse, parents, children, siblings and their respective spouses) and individuals living in the same household as such employees are ineligible to enter or win the Contest or to vote in the selection of Contest winners. Void in Puerto Rico and where prohibited by law. This Contest is subject to all applicable federal, state, local laws and regulations.
 
6. Notification:
Marden-Kane will notify potential Grand Prize winners by email and/or mail. The Grand Prize winners will be required to sign and properly execute, an affidavit of eligibility, liability waiver, and where legal, consent to publicity, and return it within ten (10) days of issuance. Each winner will also be required to furnish his/her social security number that will be used only for the purpose of reporting the winner's prize earnings to the Internal Revenue Service, as required by law. If the prize or prize notification is unclaimed or returned as undeliverable, or if a potential winner fails to properly execute and return all forms described herein, the prize will be forfeited and awarded to an alternate. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any proper names, likenesses, photographs, and/or city/states for advertising and promotional purposes in all media (including and without limitation, the Internet) without additional compensation, except where prohibited by law. If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Contest, it is his/her sole responsibility to notify the Sponsor by (postal) mailing notice to the Contest Administrator address (listed below) to be received by the end of the Entry Period.
 
7. Limitation of Liability:
BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE TO ABIDE BY THE TERMS OF THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR, MARDEN-KANE, INC. AND EACH OF 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 CONTEST OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE PRIZE THAT MAY BE AWARDED. ENTRANTS AGREE THAT ANY AND ALL DISPUTES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. WINNERS AGREE TO ACCEPT THE PRIZE "AS IS".
 
8. Additional Terms and Conditions:
Releasees are not responsible for printing or typographical errors in any Contest related materials; or for transactions (including Entry submissions) 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, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this Contest, or process any transaction thereon. If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, 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 Contest, the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, modify or suspend the Contest, or to terminate the Contest and award the remaining prizes using all eligible, non-suspect entries received as of the action requiring such termination. Sponsor reserves the right to modify or terminate the Contest in its entirety at any time and at its sole discretion. Should the Contest be terminated or modified prior to the stated expiration date, notice will be posted on http://pages.ebay.com/storefronts/bestinstores.html. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor 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 Contest 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 Contest entry services or programs are prohibited.
 
9. Winners List:
For a list of the Contest winners available after June 30, 2004, send your request with a self-addressed, stamped envelope to: eBay 2004 Best in Stores! Contest Winners, P.O. Box 6000, Manhasset, NY 11030-6000. Requests must be received by June 30, 2004.
 
10. Sponsor:
The Sponsor of this Contest is eBay Inc., 2145 Hamilton Ave. San Jose, CA 95125. Administrator: Marden-Kane Inc. 36 Maple Place, Manhasset, NY 11030. © 2004 Marden-Kane, Inc.