BIGGEST EBAY CATCH PROMOTION

TERMS AND CONDITIONS

          Who can enter?

1. Information on how to enter and the prize form part of these Terms and Conditions for the Biggest eBay Catch Promotion (Promotion). Entry into the Promotion is deemed acceptance of these Terms and Conditions. Entries not in accordance with these Terms and Conditions are ineligible.
2. Entry is open to all residents of Australia over the age of 18 years.  Employees of the Promoter, its associated companies, suppliers, distributors, agents and any immediate family members, and persons whose eBay accounts have been temporarily or indefinitely suspended or made inactive by the Promoter during the Promotion Period, are not eligible to enter the Promotion.
3. Entrants are responsible for ensuring that all their contact details registered with or submitted to the Promoter are correct. Entrants will forfeit their right to claim the prize in the event that their contact details are inaccurate or wrong.  Members of eBay may check or update their contact information with eBay by visiting the My Account section on http://www.ebay.com.au.
4. To qualify for entry into this Promotion, you must be validly registered as a member of http://www.ebay.com.au (in accordance with all applicable Australian terms and conditions, policies and your User Agreement) at the time you enter the Promotion.

How do you enter?

5. To enter this Promotion, prior to the end of the Promotion Period you must:
1. go to http://ebay.com.au/bargainhunt and create a profile by uploading a picture of you with your biggest eBay bargain (the item you consider to be your best bargain buy on www.ebay.com.au) and in 50 words or less (maximum 200 characters) describe the item and the reasons why it is your biggest catch on eBay (“Profile”) ; and
2. submit your eBay User ID and email address along with the Profile.

Profiles

6. Subject to paragraph 7, all Profiles will be uploaded to and displayed upon the Bargain Gallery at http://ebay.com.au/bargainhunt and automatically be entered into the Promotion upon completion and submission of your Profile and eBay User ID and email address.
7. Profiles must comply with these Terms and Conditions. eBay will not display on www.ebay.com.au Profiles which it considers inappropriate for public display in the context of the Promotion.
8. eBay bargains included in a Profile must have been purchased on www.ebay.com.au but do not have to be purchased in the Promotion Period, i.e. items purchased on www.ebay.com.au prior to the Promotion Period are eligible.
9. Each eBay member may enter the Promotion as many times as they wish however each Profile created is only eligible to win one prize.
10. All eBay members must conform to the Promoter’s policies and user agreements applicable during the Promotion Period. 

Promotion Period

11. This Promotion commences at 00:00:01am Australian Eastern Standard Time (AEST) 8 August 2008 and closes 11:59:59pm AEST 3 October 2008 (Promotion Period).
12. All Profiles submitted for this Promotion must be received by the Promoter by the end of the Promotion Period.
13. Subject to clause 9 Profiles entered during the Promotion Period remain eligible to win a prize throughout the Promotion Period.

Prize

14. Chance plays no part in determining the winners of the Promotion.  Winners will be determined by a judge appointed by the Promoter (Judge) whose decision is final and binding.  
15. Subject to clause 19, there will be 16 winners of this Promotion.
16. Subject to clause 19, the two best entries on each date of judging, as determined by the Judge, will win a prize of a Nintendo Wii Sport.
17. The total prize pool of this Promotion consists of 16 Nintendo Wii Sports each with an RRP of AUD$399.95. 
18. Each prize will be sent by registered post to the winner’s address, as shown in their contact details registered with www.ebay.com.au within 28 days of the winners being determined by the Judge.  Entrants will forfeit their right to a prize if their contact details are inaccurate or wrong. 
19. The Promoter retains the right to substitute any prize with a prize of equal or greater value.
20. No costs or expenses, other than those expressly set out in these Terms and Conditions will be included in the prize and all costs expenses other than those expressly included within the prize in these Terms and conditions are the responsibility of the winner.
21. Each prize is not transferable or exchangeable.

Judging

22. Two (2) winners will be chosen each week. The judging will take place at 80 Gipps Street, Pyrmont, NSW 2009 Australia, 10am AEST on the following dates: 19th and  26th August, 2nd, 9th, 16th, 23rd, and 30th September and 7th October 2008.
23. The Judge will determine the best entries at the time of judging. 
24. Those winners will each be entitled to receive a prize in accordance with these Terms and Conditions. 
25. If a winner does not actively claim a prize by 2 months from date of determination of winners, then that winner is deemed to have forfeited the prize and, subject to clause 19, the prize will be awarded to the person whose entry was considered second best by the Judge at the relevant time of judging, 3 months from date of initial determination of winners.   

How will the winners be announced?

26. The Promoter will notify the winners within 3 days of the judging by telephone (where possible) and email.
27. Each winner’s first initial, surname and relevant State or Territory will also be published on the eBay promotion board of http://forums.ebay.com.au/forum.jspa?forumID=1007 
28. If any winner does not actively accept the a prize and a further winner is required to be judged, the further winner will be notified on the day that winner is determined by the Promoter by telephone (where possible) and email. Their first initial, surname and relevant State or Territory will also be published on the eBay Promotion board of http://forums.ebay.com.au/forum.jspa?forumID=1007 3 months from date of initial determination of winners.  

Privacy policy

29. All entries are the property of the Promoter. All personal information will be held and dealt with in accordance with the Privacy Policy of the Promoter which is available on the eBay website (http://pages.ebay.com.au/help/policies/privacy-policy.html).
30. Each entrant consents to the Promoter and its agents collecting their personal information in order to conduct the Promotion. No further use of information collected solely from entries into the Promotion will be made beyond this Promotion by the Promoter or its agents. To facilitate an entrant’s participation, the Promoter may disclose an entrant’s personal information to other companies associated with this Promotion and where the Promoter deems it necessary to do so. If an entrant does not provide their personal information, the Promoter will not be able to enter them into this Promotion. An entrant may access and correct any personal information held by the Promoter, upon request to the Promoter. Each entrant consents to the Promoter publishing their Profile on www.ebay.com.au and other electronic direct marketing in relation to www.ebay.com.au, such as the Candy Jar.
31. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not complete and/or in accordance with these Terms and Conditions.  The Promoter’s decision is final, and no correspondence will be entered into, including in the event of a dispute.
32. The Promoter accepts no responsibility for late, lost, misdirected or incomplete entries.
33. The Promoter is not liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with participating in this Promotion or receiving, taking or using the prize, except for any liability which cannot be excluded by law. Any tax liability arising as a result of receiving, taking or using the prize is the responsibility of the winner.
34. Entries are deemed to be received at the time of receipt into the Promoter's database. The Promoter is not responsible for entries not received or the receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, lines, servers, telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person's handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.
35. If for any reason this Promotion is not capable of running as planned, the Promoter reserves the right in its sole discretion to modify the terms of the Promotion including the prize and these Terms and Conditions, subject to approval from any relevant regulatory authorities. 
36. The Promotion is governed by the laws of New South Wales, Australia.
37. The Promoter is eBay International AG of Helvetiastrasse 15/17 BERN CH-3005 Switzerland +41 313 590 590 (Promoter or eBay).