EBAY AUSTRALIA DUNK THE SCAMMER GAME

TERMS AND CONDITIONS

Who can enter?

1. Information about the prizes and how to enter forms part of these Terms and Conditions for the eBay Australia Dunk the Scammer Game (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 their immediate family members, and persons whose eBay or PayPal 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 Personal Information section of My eBay at http://www.ebay.com.au.
4. To qualify for entry into this Promotion, you must at the time of entry:
   1. 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); and
   2. have a valid Australian PayPal account (see clause 32 for more details about PayPal).

How do you enter?

5. To enter this Promotion, prior to the end of the Promotion Period you must:
   1. complete the “Dunk the Scammer Game”, comprising five levels at http://ebay.com.au/dunkthescammer/; and
   2. submit your score for the game along with your eBay User ID, email address and phone number.
6. Your entry will automatically be entered into a prize draw for that day upon completion and submission of your score, eBay User ID and contact details.
7. If an entrant does not provide their eBay User ID and contact details, the Promoter will not be able to enter them into this Promotion.
8. Each eBay member receives one entry into the daily draw for every game they complete and they can submit as many entries into each daily draw as they wish.
9. All eBay members must conform to eBay’s policies and user agreements applicable during the Promotion Period.

Promotion Period

10. This Promotion commences at 18:00:00 Australian Eastern Daylight Time (AEDT) 2 February 2008 and closes on 23:59:59 AEDT on 14 February 2008 (Promotion Period).
11. All entries submitted for this Promotion must be received by the Promoter by the end of the Promotion Period.
12. Entries for each daily draw open at 00:00:01am AEDT and close at 23:59:59pm AEDT for each day during the Promotion Period, other than the first daily draw which will open at 18:00:00 AEDT and close at 23:59:59 AEDT on 2 February 2008.

Prize

13. Five winners will be determined by a prize draw conducted at approximately 12:00:00 midday each day from 6 – 15 February 2008 in respect of the previous day’s entries by the Promoter whose decision is final and binding. There will be three prize draws (each determining five winners) conducted at approximately 12:00:00 midday AEDT on 5 February 2008, one for entries received on 2 February 2008, one for entries received on 3 February 2008 and one for entries received on 4 February 2008.
14. There will be 65 winners in this Promotion in total, comprising 5 winners drawn from the entries received each day during the Promotion Period (Winners).
15. The total prize pool for this Promotion is valued at AUD$9,750.
16. Prizes of $150 of PayPal credit will be awarded to each of the Winners drawn at random from each day’s entries during the Promotion Period (Prize).
17. Entrants must have a valid Australian PayPal account in order to receive their prize.
18. Each Prize will be transferred to winners’ valid Australian PayPal accounts within 28 days of the Winners being determined.  In order for the Prize to be transferred into a Winner’s PayPal account, the Winner must actively accept the transfer.
19. Entrants are responsible for ensuring that all their contact details registered with eBay and PayPal are correct. Entrants will forfeit their right to claim the prize in the event that their contact details are inaccurate or wrong or they have an invalid eBay or PayPal account. Entrants may check or update their contact information by visiting the Profile tab on the PayPal site at http://www.paypal.com.au or the My Account section on the eBay site at http://www.ebay.com.au.
20. Winners who reject the credit will be deemed to have rejected the prize and the prize will be returned to the Promoter for inclusion in the unclaimed prize draw.
21. The Promoter retains the right to substitute the Prize with a prize of equal or greater value, subject to any approvals necessary.
22. No costs or expenses, other than those expressly set out in these Terms and Conditions will be included in the Prize and all costs and expenses other than those expressly included within the Prize in these Terms and Conditions are the responsibility of the Winner.
23. Each Prize is not transferable or exchangeable.

Draw

24. Five prize draws will take place each day at approximately 12:00:00 midday from 6 – 15 February 2008 at Level 19, 1 York Street, Sydney, New South Wales in respect of the previous day’s entries. There will be three draws (each comprising five prize draws) conducted at approximately 12:00:00 midday AEDT at Level 19, 1 York Street, Sydney, New South Wales on 5 February 2008, one for entries received on 2 February 2008, one for entries received on 3 February 2008 and one for entries received on 4 February 2008.
25. The Promoter will draw entries at random and determine the 65 winners of the Promotion, and those winners will each be entitled to receive a Prize.
26. If a winner does not actively accept the transfer of a Prize within 3 months from date of determination of winners, then that winner is deemed to have forfeited the Prize and the Prize will be awarded to another entry drawn at random, at approximately 12:00:00 midday on 13 June 2008 at Level 19, 1 York Street, Sydney, New South Wales, subject to any regulatory requirements.

How will the winners be announced?

27. The Promoter will notify the winners within 3 days of the draw by the telephone number listed in their eBay registration details (where possible) or by email.
28. Within 3 days of the draw, each winner’s first initial, surname and relevant State or Territory will also be published on the announcement board of http://www.ebay.com.au.
29. If any winner does not actively accept the transfer of the Prize and a further winner is required to be awarded, the further winner will be notified on the day that winner is determined by the Promoter by telephone (where possible) or email and their first initial, surname and relevant State or Territory will also be published on the announcement board of http://www.ebay.com.au.

Privacy policy

30. 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).
31. Each entrant consents to the Promoter and its agents collecting the information provided in their entry in order to conduct the Promotion.  Neither the Promoter nor its agents will use the information collected in the course of the Promotion for any marketing purposes, other than in connection with the Promotion.  An entrant may access and correct any personal information held by the Promoter in relation to that entrant, upon request to the Promoter.

PayPal

32. The PayPal service is provided by PayPal Australia Pty Limited (ABN 93 111 195 389) which holds an Australian Financial Services Licence (number 904962).  Before deciding to sign up for or use the PayPal Service, you should consider the Product Disclosure Statement which can be found at http://www.paypal.com.au.

General

33. 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 decisions are final, and no correspondence will be entered into, including in the event of a dispute.
34. The Promoter accepts no responsibility for late, lost, misdirected or incomplete entries.
35. 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.
36. 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.
37. 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.
38. The Promoter is eBay International AG of Helvetiastrasse 15/17 BERN CH-3005 Switzerland +41 313 590 590 (Promoter or eBay).