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EBAY SELLER TOOLS CARIBBEAN CRUISE SWEEPSTAKES
OFFICIAL RULES No Purchase, Bid or Obligation Necessary to Enter or Win Open to eBay Users who are New Subscribers to Selling Manager/Seller's Assistant, Legal U.S. Residents and 18 Years of Age or Older at time of Entry Void in Puerto Rico 1) How to Enter. This eBay Seller Tools Caribbean Cruise Sweepstakes ("Sweepstakes") begins at 12:00 AM Pacific Standard Time (PST) September 1, 2004 and ends at 11:59 PM PST September 30, 2004 ("Entry Period"). During this Entry Period there are two ways for eligible participants to enter the Sweepstakes. [1] You will be entered into the Sweepstakes once if you (1) register for the sweepstakes at the designated link and (2) go to http://pages.ebay.com/sell/tools.html and start a new subscription meeting the New Subscriber Requirement (see Section 4 below) for eBay Selling Manager, Selling Manager Pro, Seller's Assistant Basic or Seller's Assistant Pro during the Entry Period. [2] To enter by mail without signing up for eBay Selling Manager, Selling Manager Pro, Seller's Assistant Basic or Seller's Assistant Pro: hand print your name, address, city, state, zip, e-mail address, eBay user ID (if you have one) and your day and evening phone numbers on a 3"x 5" card and mail in a #10 envelope to: eBay Seller Tools Caribbean Cruise Sweepstakes, P.O. Box 4319, Manhasset, NY 11030-4319. Mail-in entries must be postmarked by September 30, 2004 and received by October 7, 2004. eBay Inc. ("Sponsor") is not responsible for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, illegible entries or postage due mail. No mechanical reproductions of entries permitted. Only one entry per eligible person, regardless of entry method. All entries become the exclusive property of eBay and are subject to the terms set forth in Sponsor's privacy policy available on www.eBay.com (the "eBay Site") and those provided herein. 2) Drawing for Winners. Potential prize winners will be determined in a random drawing to take place on or about October 17, 2004, from among all eligible online and write-in entries received during the entry period. Drawing conducted by Marden-Kane Inc., an independent judging organization whose decisions are final on matters relating to this Sweepstakes. Marden-Kane will notify potential winners by email or mail. The Grand Prize winner will be required to sign, where legal, an affidavit of eligibility, consent to publicity, liability waiver, & return same, properly executed within ten (10) days of issuance. Failure to sign & return affidavit in time noted will result in disqualification of entry & an alternate winner[s] will be selected. Guest of the Grand Prize winner must sign a release of liability and publicity (unless prohibited by law) prior to issuance of travel documents. If guest of the Grand Prize winner is under 18 years old, and is not the child of the winner, the guests' parent or legal guardian will be required to co-sign a travel release. The Grand Prize winner will be required to furnish his/her social security number which 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 winner fails to properly sign 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 without further consideration or payment to the entrant online, in print, or in any other media for advertising and promotional purposes for this and similar promotions 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 Sweepstakes, it is his/her sole responsibility to notify the Sponsor by (postal) mailing notice to the Sweepstakes Administrator address (listed below) to be received by the end of the Entry Period. 3) Prizes. One (1) Grand Prize will be awarded: A cruise for two (2) to the Southern, Eastern or Western Caribbean on a Royal Caribbean Voyager Class Ship, or a substantially similar trip in eBay's sole discretion. Trip includes air transportation (coach) to and from a major international airport nearest the winner's home to South Florida or San Juan, Puerto Rico, (depending on the ships departure location), ground transportation to and from the ship, ocean-view stateroom accommodations (one standard double occupancy room) for seven (7) nights, and meals aboard ship. Port taxes and government fees are included. Approximate Retail Value (ARV): $6,000. Value will vary dependent upon city of departure. Travel must be completed by September 30, 2005 or prize will be forfeited. Travel reservations must be made at least (three) 3 months prior to intended travel. Reservations must be made through Sponsor's agent, on a carrier of Sponsor's choice. Blackout dates may apply and are subject to change. The winner and his/her guest must travel together on the same itinerary. Winner and travel companions are responsible for all required travel documents including any necessary Visas and Passports. In addition, the winner and his/her guest are responsible for obtaining travel insurance (and all other forms of insurance), at their option, and hereby acknowledges that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. All other expenses relating to acceptance and use of any prize that are not explicitly listed herein as being awarded, including payment of taxes, are responsibility of the winner. Twenty-five (25) First Prizes will be awarded: A Rolling Travel Bag. Approximate Retail Value (ARV): $40 each. One Hundred (100) Second Prizes will be awarded: A Travel Kit. Approximate Retail Value (ARV): $10 each. Total Approximate Retail Value (ARV): $8,000. All other expenses relating to acceptance and use of any prize that are not explicitly listed herein as being awarded, including payment of taxes, are responsibility of the winner. No prize substitutions, cash equivalent, or transfer of prizes permitted except at the sole discretion of the Sponsor. Prize subject to availability and Sponsor reserves the right, at its sole discretion, to award a prize of greater or equal value if the advertised prize is unavailable. Odds of winning depend on the total amount of qualified entries received. Any depiction of prize is for illustrative purposes only. 4) Eligibility. This Sweepstakes is open to all legal residents of the 50 United States and the District of Columbia, 18 years or older who (1) are confirmed registered members of the eBay Site in good standing at the time of entry and during the Entry Period ("eBay Users"), (2) register to participate in the Sweepstakes via a specially designated link on the eBay Site, AND (3) meet the New Subscriber Requirement (mail-in entrants need not be registered eBay Users, register to participate in the Sweepstakes nor satisfy the Selling Manager or Selling Manager Pro subscription eligibility requirements at time of entry). New Subscriber Requirement” means that an individual or person who has not, in the twelve (12) months preceding the Entry Period, maintained a subscription to any of the following applications does so during the Entry Period: Selling Manager, Selling Manager Pro, Seller’s Assistant Basic or Seller’s Assistant Pro. For the abundance of clarity, the previous requirement shall be deemed satisfied in the case of an upgrade (ie basic to pro) or a subscription to a new software not licensed in the (12) months preceding the Entry Period. Employees of eBay Inc., and its respective subsidiaries, affiliates, prize suppliers and advertising and promotion agencies of eBay Inc., 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. Void in Puerto Rico and where prohibited by law. This Sweepstakes is subject to all applicable federal, state, local laws and regulations. 5) LIMITATION OF LIABILITY. BY PARTICIPATING IN THE SWEEPSTAKES, 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, OR ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE SWEEPSTAKES 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", AND ENTRANTS HEREBY ACKNOWLEDGE THAT SPONSOR HAS NEITHER MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE, INCLUDING EXPRESS WARRANTIES (IF ANY) PROVIDED EXCLUSIVELY BY A PRIZE SUPPLIER THAT ARE SENT ALONG WITH THE PRIZE. 6) Additional Terms and Conditions. Releasees are not responsible for printing or typographical errors in any Sweepstakes related materials; or for transactions 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, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, including without limitation inability to subscribe to use the software applications which are the subject matter hereof or access any web site associated with this Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, 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, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the remaining prizes using all eligible, non-suspect entries received as of the termination date. Sponsor reserves the right to modify or terminate the Sweepstakes in its entirety at any time and at its sole discretion. Should the Sweepstakes be terminated or modified prior to the stated expiration date, notice will be posted on http://www.ebay.com/sellertoolscruiseonline attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes 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 Sweepstakes 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 programs is prohibited. 7) Winner's List. For the name of the winner, send a self-addressed, stamped envelope to: eBay Seller Tools Caribbean Cruise Sweepstakes Winners, PO Box 4319, Manhasset, NY 11030-4319. Requests must be received by November 1, 2004. 8) Sponsor. The Sponsor of this Sweepstakes 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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