eBay's "One of a Kind Scrapbook Design!" Contest
Open to Registered Members of www.ebay.com
who are Legal Residents of the United States and the District of Columbia, 18 Years of Age or Older at the time of entry.
Void in Puerto Rico and where prohibited.
eBay's "One of a Kind Scrapbook Design!" Contest ("Contest") will consist of two phases. The first phase will be an essay contest where eligible participants will be required to submit an essay that addresses the topic described in Section 1 ("How to Enter") below. Five (5) winning essays will be selected from among all eligible entries received. The second phase will be a scrapbooking competition where the five essay finalists will be required to use eBay Anything Points to purchase items listed on www.eBay.com (the "eBay Site") and use such items to create the scrapbooking vision indicated in the essays. Using the criteria identified below, members of the eBay Site will vote for the best scrapbook and select a grand prize winner. The official contest rules including, but not limited to, entry requirements, how winners will be selected and prizes that will be awarded, are set forth below.
1. How To Enter
The entry period for the Contest begins at 12:00 AM Pacific Time (PT) January 10, 2005 and ends at 11:59 PM PT January 23, 2005 ("Entry Period"). To enter the Contest, eligible participants must go to www.ebay.com/scrapbookcontest and do the following: [1] Complete the registration form by providing the information required; [2] Accept these official rules; AND [3] In the space provided on the registration form, write an essay describing a scrapbook theme, the inspiration and story behind the theme as well as the unique items that you would purchase on eBay, with a budget of $750 in eBay Anything Points, to bring your scrapbook to life ("Essay"). Your Essay must be two hundred and fifty (250) words or less. There is a limit of one (1) entry per person and/or eBay User ID. 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, sub-licensable 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. Each entrant hereby represents and warrants that he/she is the original author of his/her Essay and the Essay will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. 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. Entries must be received by 11:59 PM PT on January 23, 2005 in order to be eligible. "Entry(ies)" as that term is used herein shall mean the Essay and information provided by entrants to Sponsor and/or Marden-Kane in connection with the Contest.
2. Judging of Essays and Selection of Finalists
Five (5) winning Essays will be selected according to the following criteria: (i) Creativity and originality of the ideas presented - 40%; (ii) Clarity of writing and ability to communicate your story and ideas well - 30%; and (iii) Passion for using the eBay Site to find scrapbooking items - 30%. Finalists will be selected by Sponsor under the supervision of Marden-Kane Inc., the Contest administrator and an independent judging organization ("Marden-Kane"). A panel of judges from Sponsor will select the top five (5) scoring Essays (each a "Finalist") from among all eligible Essays received using the above judging criteria. In the event of a tied score among the top five (5) scoring Essays, the Essays involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate Essays 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 January 26, 2005 from among all eligible Essays received. Decisions of judges are final and binding on all matters relating to this Contest.
3. Finalist Notification
On or about January 26, 2005, Marden-Kane will notify potential Finalists by email and/or mail. The Finalists will be required to sign and properly execute, an affidavit of eligibility, liability waiver, and where legal, consent to publicity, and return it within seven (7) days of issuance. Each Finalist 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 the next runner-up. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any Entries, 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 Marden-Kane's address (listed below) to be received by the end of the Entry Period.
4. Awarding of Prizes to Finalists
On or about February 1, 2005, Sponsor will award each of the five (5) Finalists $750 worth of eBay Anything Points that must be used to purchase items on the eBay Site to be used to create the scrapbook described in the Essay, Approximate Retail Value (ARV): $750 each. The eBay Anything Points that are awarded to Finalists may only be used towards the purchase of items on the eBay Site in conjunction with a valid account on PayPal.com in accordance with the then-current eBay Anything Points Loyalty Program Terms and Conditions currently located at http://anythingpoints.ebay.com/terms.html ("Program Terms"). Any and all guarantees and warrantees of items purchased are subject to the manufacturer's terms and conditions, and Finalists agree to look solely to said manufacturers for any such warranty or guarantee claim.
5. eBay's One of a Kind Scrapbook Design! Contest Scrapbook Competition ("Scrapbook Competition").
The Scrapbook Competition will take place from February 1, 2005 through February 28, 2005 ("Scrapbooking Period"). The Finalists will be required to use the eBay Anything Points to purchase items on the eBay Site during the Scrapbooking Period (eBay items must be purchased during the Scrapbooking Period), incorporate such eBay items into their scrapbooks and submit the following items via U.S. mail to Marden-Kane by February 28, 2005 in accordance with instructions that shall be provided by Marden-Kane, Inc.: [1] A physical copy of the original scrapbook that incorporates the items purchased on the eBay Site; [2] a written document that clearly identifies four (4) pages within the scrapbook that you want to be photographed by Marden-Kane for the purpose of final judging on the Community Voting Site (defined below) (each a "Page"); [3] the eBay item number, description and price of each item purchased on the eBay Site during the Scrapbooking Period and incorporated into the scrapbook (each an "eBay Item"); AND [4] a verification statement confirming that each eBay Item was purchased on the eBay Site using the $750 in eBay Anything Points awarded to them. Marden-Kane will take photographs of the Pages (each a "Photo") and post the Photos to the Community Voting Site for the purpose of final judging. A total of four (4) Photos will be posted for each Finalist's scrapbook. The manner in which each Photo is taken and presented on the Community Voting Site shall be determined by Marden-Kane in its sole and exclusive discretion. The Photos will be judged by the eBay community as further described below. The Photos may be used by Sponsor in Sponsor's sole and exclusive discretion including, but not limited to, for advertising, publicity and/or promotional purposes, without additional compensation to Finalists. Each Finalist acknowledges and agrees that Marden-Kane will provide the scrapbooks to Sponsor and Sponsor will return the scrapbooks to the Finalists on or around April 15, 2005. Each Finalist acknowledges and agrees that Sponsor may, in its sole and exclusive discretion, display the original scrapbooks at the Memories Expo, currently scheduled to take place in Las Vegas on April 1-2, 2005. Neither Sponsor nor Marden-Kane will be responsible for any damage to, misplacement of, or destruction of, the scrapbooks. A Finalist will be disqualified if he/she fails to return any of the items described above by February 28, 2005. Entrants agree that if selected as one of the Finalists, they grant Sponsor and its designees the right to photograph and later publish photos of the scrapbook at Sponsor's sole discretion without additional compensation to Finalists. Entrants also agree that if selected as the grand prize winner, they grant Sponsor and its designees the right to photograph, film and later copy, publish, distribute and/or display any footage of the winner taken at the Memories Expo, currently scheduled to take place on April 1-2, 2005. Sponsor may, in its sole and exclusive discretion, disqualify any Finalist if Sponsor reasonably believes such Finalist did not create the scrapbook described in the Essay. Each Finalist hereby grants Sponsor its agents, subsidiaries and affiliates an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, in Sponsor's sole and exclusive discretion, Finalists names, images, likenesses, photographs, voices and biographical materials, and any photographs and/or videos that may be taken or produced by or for Sponsor including, but not limited to, footage from the Memories Expo, for advertising, publicity and/or promotional purposes including posting photographs or videos online or on a winner's list and other online announcements, and for sharing the photographs or videos with the press for viewing, whether TV or print, without additional compensation to Finalists, unless prohibited by law. Finalists shall receive no compensation or credit for Sponsor's use of any Photos, scrapbooks or Essays submitted to, or taken by as applicable, Sponsor or Marden-Kane in connection with the Contest. Sponsor shall have no obligation (express or implied) to develop, produce, distribute or otherwise exploit the Photos, Essays or scrapbooks, or continue the development, production, distribution or exploitation thereof. Each entrant hereby represents and warrants that he/she is the original author of his/her scrapbook and the scrapbook will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
6. Community Voting Site and Selection of Grand Prize Winner
The five (5) Finalists will appear on eBay's "One of a Kind Scrapbook Design!" Contest Community Voting Site ("Community Voting Site") at www.ebay.com/vote from 12:00 AM PT March 7, 2005 through 11:59 PM PT March 13, 2005 ("Voting Period"). During the Voting Period, all confirmed registered members of the eBay Site, who are 18 years of age or older and legal U.S. residents (each an "Eligible Voter") may vote for the best scrapbook using the following judging criteria: Creativity and originality of scrapbook - 40%; Finalists ability to communicate his/her story and ideas well in the scrapbook - 30%; and Use of items purchased on the eBay Site within the scrapbook - 30%. The following materials and information will be posted for each Finalist entry on the Community Voting Site: (i) 4 photographs of the scrapbook; (ii) The Essay provided for the essay competition; and (iii) A list and brief description of items purchased on the eBay Site with the $750 in eBay Anything Points and the total amount spent on the eBay Site to create the scrapbook (not to exceed $750). Votes may only be submitted online. Upon conclusion of the Voting Period, Sponsor will tally the votes and determine the potential Grand Prize winner based on the greatest number of valid votes. Voting is limited to one (1) vote per Eligible Voter. The Finalist whose scrapbook receives the highest number of valid votes will be the potential Grand Prize winner. 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 tie, the entries 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.
7. Grand Prize
One (1) Grand Prize: a three-day / two-night trip for two (2) to Las Vegas, Nevada to attend the Memories Expo currently scheduled to take place on April 1 - 2, 2005. Trip includes round-trip coach air transportation from a major U.S. airport closest to winner's home (unless the winner lives within a reasonable driving distance to the Memories Expo location from his/her home, as determined by the Sponsor at its sole discretion), deluxe double occupancy hotel accommodations (one room), transfers to/from airport, hotel and Memories Expo, Approximate Retail Value (ARV) $3,000. Total Approximate Retail Value of all Contest prizes: $6,750. Prizes subject to availability and Sponsor reserves the right, in its sole and exclusive discretion, to award the Approximate Retail Value of the trip described herein or another prize of greater or equal value if the advertised prize is unavailable. All other costs not specifically stated herein, including, but not limited to, vehicle transportation costs, taxes, meals and tips are the sole responsibility of the winner. Trip must occur during the time period scheduled by Sponsor for the Memories Expo. Reservations for any trip must be made through Sponsor's agent, on a carrier of Sponsor's choice. Blackout periods and other restrictions, conditions, and limitations may apply. Complete terms and conditions of trip will be furnished with prize notification. Travel companion of Grand Prize trip winner must travel with winner on the same itinerary. In addition, travel companion of Grand Prize trip winner must be 18 years of age or older, unless the winner is the parent/legal guardian of such minor travel companion. Winner and travel companion are responsible for all required travel documents. Winner and travel companion are responsible for obtaining travel insurance (and all other forms of insurance) where applicable, at their option, and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize winner and travel companion, or the parent or legal guardian if companion is under 18 years of age, must sign a consent to Publicity, Liability Waiver and Travel Release form prior to traveling. If a Memories Expo is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, or for any reason beyond the control of the Sponsor, Sponsor's sole responsibility to a Grand Prize winner will be to award the remaining available portion of the prize and no substitution will be provided for unawarded portion of prize. No substitutions or transfers of prize permitted, except at Sponsor's sole and exclusive discretion.
8. Eligibility
This Contest is open only to confirmed registered members of www.ebay.com who are legal residents of the United States (including the District of Columbia), and who are 18 years of age or older at time of entry. Employees of eBay Inc., Offinger Management Co. and their 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.
9. Grand Prize Winner Notification
Marden-Kane will notify potential Grand Prize winner by email and/or mail on or about March 14, 2005. The Grand Prize winner will be required to sign and properly execute, consent to Publicity, Liability Waiver and Travel Release (collectively called "Release Forms"), and return them within ten (10) days of issuance. If the Release Forms are 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 the next runner-up. 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 Marden-Kane (listed below) to be received by the end of the Entry Period.
10. 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, OFFINGER MANAGEMENT CO., 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, LOST, STOLEN OR DESTROYED AIRLINE TICKETS, CLAIMS, ACTIONS ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE CONTEST, DAMAGE TO, LOSS OF, OR DESTRUCTION OF ESSAYS AND/OR SCRAPBOOKS, AND/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".
11. Additional Terms and Conditions
Releasees are not responsible for printing or typographical errors in any Contest related materials; or for transactions (including Essays, Entries, scrapbooks, 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; the acts or omissions of the U.S. postal service and other mail carriers used by entrants in connection with the Contest; 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 entry 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 www.ebay.com/scrapbookcontest. 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.
12. Winners List
For the Grand Prize winner's name, available after March 28, 2005, send your request with a self-addressed, stamped envelope to: eBay's "One of a Kind Scrapbook Design!" Contest Winner, P.O. Box 5000, Manhasset, NY 11030-5000. Requests must be received by November 11, 2004. Or you can visit eBay's "One of a Kind Scrapbook Design!" Contest Grand Prize Winner Page after March 28, 2005 at www.ebay.com/expowinner to view the Grand Prize winning entry.
13. 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.
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