EBAY GARAGE SUBARU SWEEPSTAKES

OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES.
OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA AND WHO ARE REGISTERED MEMBERS OF WWW.EBAY.COM.

 VOID IN PUERTO RICO AND WHERE PROHIBITED.

 

1.  NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

2.  ELIGIBILITY: eBay Garage Subaru Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age and older, who are physically located and reside in the United States or District of Columbia and who are registered members of www.ebay.com at the time of entry (“Eligible Participant”).  Void in Puerto Rico and where prohibited.  Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of eBay Inc. (“eBay”) and its affiliates, subsidiaries, and divisions (“eBay Entities”) (eBay and eBay Entities collectively, “Sponsor”), Sponsor’s advertising and promotion agencies, and Tenthwave Digital LLC and all others associated with the design, execution, production, development, and promotion of this Sweepstakes or are connected to this Sweepstakes in any way are not eligible to enter.  Sweepstakes is subject to all federal, state and local laws. U.S. law governs this Sweepstakes and personal jurisdiction shall exclusively be the state and federal courts located in Santa Clara, California.

3. SWEEPSTAKES TIMING/DESCRIPTION: The Sweepstakes begins at 9:00:00 AM Pacific Time (PT) on July 7, 2014 and ends at 11:59:59 PM PT on August 4, 2014 (the “Promotion Period”).
One (1) Grand Prize and ten (10) First Prizes will be awarded in a random drawing from among all eligible entries received during the Promotion Period.

4. HOW TO ENTER: There are five (5) ways to enter this Sweepstakes:

  1. Create a new profile on eBay Garage via desktop or mobile.  There is a limit of two new profiles per eBay user ID and/or per person during Promotion Period.

Online: Go to http://www.ebay.com/motors/garage and sign on to eBay with your eBay User ID and password.  Once logged in, you will create an eBay Garage profile.  You will receive one (1) entry in the Sweepstakes each time you create a new eBay Garage profile during the Promotion Period. There is a limit of two (2) new profiles per eBay user ID and/or per person during the Promotion Period. Subsequent entries are void.

Mobile ApplicationTo create a new profile on eBay Garage via mobile, download the eBay Motors mobile app and sign on to eBay with your eBay User ID and password.  Once logged in, create an eBay Garage profile. You will receive one (1) entry in the Sweepstakes each time you create a new Garage profile during the Promotion Period.  There is a limit of two (2) new profiles per eBay user ID and/or per person during the Promotion Period.   Subsequent entries are void.

  1. Upload a new vehicle Photograph to your new profile(s) on eBay Garage via desktop or mobile.  There is a limit of one (1) vehicle Photograph upload per new profile per eBay User/ID during the Promotion Period. Photograph must be in either JPG or GIF or PNG electronic formats and may not exceed 1 MB in size.

Online: Go to http://www.ebay.com/motors/garage and sign on to eBay with your eBay User ID and password.  Once logged in, upload a new vehicle Photograph to your profile to receive one (1) entry into the Sweepstakes. There is a limit of one (1) vehicle Photograph upload per new profile per eBay User ID during the Promotion Period. Subsequent entries are void.

Mobile Application: Download the eBay Motors mobile app and sign on to eBay with your eBay User ID and password.  Once logged in, upload a new vehicle Photograph to your profile to receive one (1) entry into the Sweepstakes. There is a limit of one (1) vehicle Photograph upload per new profile per eBay User ID during the Promotion Period.  Subsequent entries are void.

  1. Additional entries:  For every view your profile receives during the Promotion Period after sharing the link to your Garage profile, you will receive one (1) additional entry into the Sweepstakes. There is a limit of up to five (5) additional entries received via this method throughout the Promotion Period.  Subsequent entries are void.
  2. Vehicle Listing:  When you list a personal vehicle for sale on eBay during the Promotion Period, you will receive one (1) entry into the Sweepstakes. There is a limit of one (1) entry via this method throughout the Promotion Period.  Subsequent entries are void.

Entries made via the above methods of entry must be received by 11:59:59 PM PT on August 4, 2014 in order to be eligible.

  1. To enter the Sweepstakes by U. S. Mail, hand print your name, address, city, state, ZIP code, eBay User ID, date of birth, email address (optional) and daytime telephone number on a 3” X 5” card, and mail it, in an envelope with postage affixed, to: eBay Garage Subaru Sweepstakes , P. O. Box  826, Plainview, NY  11803-0826.  Mail-in entries must be postmarked by August 4, 2014 and received by August 11, 2014.  Limit one entry per outer envelope.

Standard data fees may apply for use of mobile phone. See your wireless provider for pricing plan details.  Entries that have been generated by a script, macro, bot or any other automated means will be deemed void.  Entries that are mechanically reproduced, copied, illegible, incomplete, postage due, late or inaccurate are void. Sponsor is not responsible for late, lost, incomplete illegible, damaged, postage due or misdirected entries.  Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion.  Proof of mailing does not constitute proof of delivery.  Entries will not be acknowledged or returned. Sponsor’s decisions are final on all matters relating to this Sweepstakes.   If a dispute results as to the identity of an online entrant, it will be determined that the online entry was submitted by the authorized account holder of the eBay User ID from which the entry is made.  For these purposes, the authorized account holder is the natural person assigned to an eBay User ID by eBay Inc.  The promotional Website’s database clock will be the official timekeeping device for the Sweepstakes.  If an entrant who is an eBay member 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 Sweepstakes Administrator by (postal) mailing notice to the Administrator’s address (listed below) to be received by the end of the Promotion Period.

If Entry is a Photograph, the Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor in its sole discretion. Entrant must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements incorporated into or used in the Photograph; or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements.  Any entrant whose Photograph includes likenesses of third parties or contains content or elements not owned by the entrant (such as, but not limited to, use of songs, proprietary names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor) that permit the entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor’s right to use and exploit the content and materials in accordance with these Official Rules (“IP Releases”) before eligible to be declared a winner.

For greater certainty, if it is discovered that an Eligible Participant (or any person or entity purporting to be an Eligible Participant) has attempted to: (i) obtain more than the stated number of entries permitted during the Promotion Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to enter the Sweepstakes; then (in the sole and absolute discretion of the Sponsor), he/she may be disqualified from the Sweepstakes.  Any Entry you submit will be rejected if (in the sole and absolute discretion of the Sponsor), it is not completed and submitted during the Promotion Period.   Use (or attempted use) of multiple names, identities, email addresses and/or any automated system to enter or otherwise disrupt this Sweepstakes is prohibited and is grounds for disqualification by the Sponsor. All Entries are subject to verification at any time.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Sweepstakes.  Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.

SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY ENTRY POSTED THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS SWEEPSTAKES. IF ENTRY IS REMOVED FROM THE WEBSITE BY SPONSOR, ENTRY IS AUTOMATICALLY DISQUALIFIED.

ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRY MATERIALS SUBMITTED IN CONNECTION WITH THIS SWEEPSTAKES ARE SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, FOR ADVERTISING AND PROMOTIONAL PURPOSES

5.  DETERMINATION OF WINNERS:  Potential winners will be selected in a random drawing on or about August 12, 2014 from among all eligible entries received.  The random drawing will be conducted by Tenthwave Digital LLC, an independent judging organization, in Melville, NY.  Judges’/Sponsor’s decisions are final on matters relating to this Sweepstakes.  Potential winners will be notified by electronic mail and/or overnight or U.S. mail on or about August 12, 2014.  Potential Grand Prize winner will be required to sign an affidavit of eligibility/liability release and where legal, a publicity release, and Federal and State tax release, and First Prize winners will be required to verify their mailing addresses, and return all documents, properly executed, within 7 days of issuance of notification. Non-compliance within this time frame, or if prize or prize notification is returned as undeliverable, will result in the entrant being disqualified, and the prize will be awarded to a potential alternate winner. Allow three (3) months for availability of automobile portion of Grand Prize and 6-8 weeks for delivery of a First Prize.  Odds of winning a prize depend upon the number of eligible entries received.  Limit one First Prize per person/eBay User ID.

6. PRIZES: One (1) Grand Prize: A 2015 Subaru WRX® STI Launch Edition.  Winner must have proof of valid insurance and a valid driver’s license in his/her state or place of residence in order to receive prize.  Grand Prize Winner is solely responsible for title/license/registration/dealer prep/insurance/taxes/any other costs associated with the prize. Grand Prize will be available to winner approximately three (3) months after date of notification.  Grand Prize Winner must take delivery of vehicle within 30 days of notification that dealership has received vehicle; or vehicle may be delivered to Grand Prize winner’s home, at Sponsor’s sole discretion.  Manufacturer’s guarantees & warranties apply. Actual vehicle to be provided as a prize (including, but not limited to, model, make, color, year, options, and accessories) will be determined by the Sponsor, in its sole discretion, based on availability.  Image of vehicle depicted on the promotional website may not be actual vehicle awarded, at Sponsor’s sole discretion. PLUS Grand Prize winner will receive a 3-day, 2-night trip for two (2) to Las Vegas, NV from November 4, 2014 – November 6, 2014 to attend SEMA at the Las Vegas Convention Center.   Trip prize includes round-trip, coach class air transportation for the winner and one (1) guest from a major Gateway airport nearest the winner’s home to Las Vegas, NV, double-occupancy hotel accommodations, two (2) tickets to attend SEMA at the Las Vegas Convention Center and two (2) tickets to attend the Subaru Valley Cross Event on November 5, 2014.  Actual value of trip prize depends upon the city of departure, time of travel, any airfare fluctuations and on current market conditions at time of prize fulfillment, and any difference between the stated ARV and the actual value if any, will not be awarded. See “Travel Restrictions” section below for further information. Total Approximate Retail Value (ARV) of Grand Prize is $39,350.  Ten (10) First Prizes:  $100 eBay Gift Cards.  ARV:  $100/each.  Total ARV of all prizes:  $40,350.  eBay Gift Cards will be mailed to the physical addresses provided by the winners during prize notification within 6-8 weeks after prize notification.  You must have an eBay account and PayPal account, in good standing, registered in the U.S., to redeem this Card.  A prize will not be awarded to a winner with a locked, closed or restricted account. If you do not currently have a PayPal.com account, follow directions at www.PayPal.com to sign up for an account.  eBay Gift Cards are valid only for purchases on eBay where PayPal is accepted.  Not refundable or redeemable for cash.  There is no expiration date or Card fees.  Lost, stolen or damaged Cards will not be replaced.  See http://giftcertificates.ebay.com/terms.html for additional terms & conditions.

All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winners.    Prizes are not transferable and no substitutions or cash equivalents are permitted, except that Sponsor at its sole discretion, may substitute the prize with a prize of equal or greater value.  Specifics of the prizes are in Sponsor’s sole discretion.  All claimed prizes will be awarded.  If winner is 18 years of age but deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian.  Limit one First Prize per person/eBay User ID.

WRX is a trademarked owned by Subaru of America, Inc., which is neither a Sponsor of nor affiliated with this Sweepstakes and has not otherwise licensed, endorsed or approved of this Sweepstakes.

7. GRANT OF LICENSE:  By submitting a Photograph to enter the Sweepstakes, entrants grant Sponsor, its agents, subsidiaries and affiliates (the “Licensees”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Photograph, in any media now known or hereafter devised (including without limitation, the internet), without any compensation.  Further, entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Photograph (with the understanding that Licensees are under no obligation to do so), or incorporate the Photograph into any form, medium or technology, including the right, at each Licensee’s sole discretion, to publish the Photograph and to use the Photograph for advertising and promotional purposes.  Licensees shall not be required to designate entrant as the creator or author of Photograph that is distributed or otherwise exploited by Licensees, or include any references to entrant on, or in connection with, any Photograph that is distributed or otherwise exploited by Licensees.

8. REPRESENTATIONS AND WARRANTIES:  Each entrant submitting a Photograph as an Entry represents and warrants that:  1) the Entry complies with these Official Rules; 2) the Entry does not and will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; 3) the Entry is not the subject of any actual or threatened litigation or claim; 4) the Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, contain illegal content, or otherwise objectionable; 5) the Entry does not encourage a criminal offense or otherwise give rise to liability or violate any law; 6) the Entry does not display any logos or trademarks not owned by the Entrant; 7) the Entry does not include any disparaging remarks relating to the Sponsor or any 3rd Party.   Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor.  In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.

9. CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements.  Use of any eBay Site and Sponsor’s use of information submitted by entrants in connection with this Sweepstakes will be subject to the terms and conditions stated in these Official Rules as well as to the eBay Users Agreement and Privacy Policy available on the eBay Site.  You will not be eligible for the Sweepstakes if your accounts on any eBay Site are not in good standing.  In order for your accounts 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 July 7, 2014.  All materials submitted in connection with the Sweepstakes become the property of Sponsor and will not be returned. By accepting a prize, a winner consents to the use of his/her name, eBay User ID, image, likeness, photograph, voice and biographical material and entry submission for advertising, publicity and promotional purposes by Sponsor, or a party designated by Sponsor, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law.  Entrants agree that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between entrants and eBay in connection with this Sweepstakes.  Entrants agree to waive any right to claim ambiguity in these Official Rules.  Entrants agree that any and all disputes shall be governed by the laws of the State of California.

10.  LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND TENTHWAVE DIGITAL LLC, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), INJURY, LOSS OR DAMAGES OF ANY KIND (COLLECTIVELY, “CLAIMS”), INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR ANY CLAIMS ARISING FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY.  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 BROUGHT BY THIRD PARTIES.  ELIGIBLE PARTICIPANTS AGREE THAT RELEASEES 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 SWEEPSTAKES OR THE PRIZE AWARDED.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE OR ANY PROMOTIONAL WEB SITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected entries or submissions, or problems of any kind, whether mechanical, human or electronic.  Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to submit an entry, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Sweepstakes. Releases are not responsible for late, lost, incomplete, illegible, damaged, postage-due or misdirected entries or mail.   Entry materials that have been tampered with or altered are void.  Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of the Sweepstakes or modify these Official Rules at any time without notice, if in the judges’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if any virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Sweepstakes or for any other reason in its sole discretion.  In such event, Sponsor may void any entries they suspect are at issue and award the prize from among all non-suspect eligible entries received up to the date of cancellation.  CAUTION:  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision.  Sponsor reserves the right to disqualify any entrant who violates the rules or interferes with the Sweepstakes in any manner.  If an entrant is disqualified, Sponsor reserves the right to terminate such entrant’s eligibility to participate in the Sweepstakes.  Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address and all entries from that IP address becoming ineligible.  Use of automated entry devices or programs is prohibited.

Without limiting the generality of the foregoing, each Eligible Participant agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the Entry.

The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Sweepstakes, or to amend these Official Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind, or for any other reason.

11. DISPUTES:  Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Sweepstakes-related materials, including, but not limited to: the Website and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.

The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Official Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Official Rules.

12. WINNERS’ LIST: For the names of the winners, available after September 30, 2014, mail a self-addressed, stamped envelope by October 31, 2014 to: eBay Garage Subaru Sweepstakes Winners, P. O. Box 997, Plainview, NY  11803-0997.

13. SPONSOR & ADMINISTRATOR:  The Sponsor of this Sweepstakes is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125.  Administrator:  Tenthwave Digital LLC, 35 Pinelawn Road, Suite 207W, Melville, NY  11747.

©Copyright 2014 Tenthwave Digital LLC.  All rights reserved.  Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.

 

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