eBay’s App Download Competition.
Terms & conditions
This Promotion is based on the following Terms and Conditions (“Terms”). Please read these Terms before entering the Promotion. Entrants who participate in the Promotion will be considered to have agreed and accepted to these Terms. All entry instructions and prize information published by eBay form part of these Terms. Entries must comply with these Terms to be valid.
When do entries start and close?
- The Promotion commences at 10:00 (AEDT) on 23 March 2020 and closes at 11.59pm (AEST) on 12 April 2020 (“Promotion Period”)
- Each Entrant must ensure that their entry is received by eBay during the Promotion Period. All entries are deemed to be received at the time of receipt by eBay, not time of transmission by an entrant. No responsibility is accepted for any entries that are late, lost, incomplete, misdirected or not received by eBay by 11.59pm (AEST) on 12 April 2020.
Who can enter the Promotion?
- “Eligible Entrants” will automatically be entered in the Grand draw if they are:
- an Australian resident; and
- 18 years or older; and
- not an employee, contractor (or an immediate family member of an employee or contractor) of eBay Inc and its related bodies corporate or the Promoter and its related bodies corporate; and
- have not made a purchase on the eBay app 12 months or longer.
How do entrants enter the draw to win a Prize?
- To enter the Grand Draw to win a Prize (“Prize Draw”) entrants must:
- Be an Eligible Entrant; and
- Have made a purchase on the eBay App during the Promotion Period.
- Each Eligible Entrant will receive one entry into the Grand Draw to win one of the 6,600 Prizes.
What are the prizes and when will the Grand Draw take place?
- There will be one draw made electronically, from all Eligible Entrants, on Wednesday 22 April at 2pm (AEST) at Mike Da Silva and Associates (Aust) Pty Ltd at Level 17, 40 Mount Street, North Sydney NSW 2060.
- The first 200 entries drawn will each win a AU$50 eBay voucher.
- The next 300 entries drawn will each win a AU$15 eBay voucher.
- The next 1000 entries drawn will each win a AU$10 eBay voucher.
- The next 5,100 entries drawn will each win a AU$5 eBay voucher.
The total value of all Prizes for this Promotion is AU$50,000.
- The Promoter and eBay accept no responsibility for any variation in the value of any prize.
- Prizes, or any unused portion of a prize, are not transferable and cannot be substituted, exchanged or taken as cash.
- The Promoter or eBay’s decision regarding prize winners is final, and no correspondence will be entered into regarding the outcome.
- Each prize (eBay voucher) is subject to separate terms and conditions– please read these terms and conditions carefully, including the expiry date/s of the eBay Buyer Coupons: https://pages.ebay.com.au/Buyer_coupons/appcompetitionmarchvoucher/
When will entrants receive their Prizes?
- All prize winners will be notified and have the prize details sent to them by email by 29 April 2020.
Is it free to enter the Promotion?
- Entry is free into this Promotion except for any costs associated with entering, such as accessing the internet and mobile phone charges, if applicable. eBay is not responsible for these costs.
Is there an unclaimed prize draw?
- If any prize is unclaimed by 5:30pm (AEDT) on Monday 20 July 2020, an unclaimed prize draws will take place at the same time and location as the original draw on Monday 27 July 2020 in order to distribute any prize unclaimed by that date, subject to State regulations. Winners, if any, resulting from an unclaimed prize draw will be notified via email and telephone of their prize and their name will be published on ebay.com.au on Monday 3 August 2020.
What if an entrant’s details have changed during the Promotion?
- If an entrant’s eBay details change at any time during the Promotion period, they should notify eBay Customer Service immediately via our help centre.
- eBay will not be responsible for prizes that cannot be delivered because an entrant’s details may have changed.
- In the event of any uncertainty as to the claim to a prize or the identity of the eligible entrant if selected as the winner, the prize will be forfeited.
Other important terms to know
- There may be tax implications from winning a prize in this Promotion. Winners should seek independent financial advice before a Prize is accepted.
- eBay is not responsible or liable for any loss or damages incurred by any party if any prize is unavailable.
- The prizes must be used in accordance with eBay’s User Agreement which can be found at the bottom of eBay’s website (ebay.com.au).
When will an entry be invalid or rejected?
Entries into the Promotion may be invalid, or eBay may reject entries if eBay reasonably forms the opinion that an entry is:
- made using automated entry means or by use of a computer entry service;
- incorrect including if an entrant provides the wrong details;
- breaches eBay’s User Agreement;
- capable of encouraging conduct that would be considered a criminal offence;
- capable of giving rise to civil liability; and/or
- made on behalf of an entrant by a third party or otherwise by proxy.
- Entrants may be excluded from participating in the Promotion if their account, their listings or the items that they sell contravene eBay.com.au's policies or eBay.com.au’s User Agreement as set out at https://www.ebay.com.au/help/policies/member-behaviour-policies/user-agreement?id=4259.
- eBay reserves the right, at any time, to verify the validity of entries and Entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms or who tampers with the entry process. An entrant must, within 7 days of being asked, allow eBay to inspect and copy any documents eBay may request establishing eligibility to enter the Promotion, including evidence of age, residence or identity. Proof of identification, residency and entry considered suitable for verification is at the discretion of eBay.
- Errors and omissions may be accepted at eBay's discretion. Failure by eBay to enforce any of its rights at any stage does not constitute a waiver of those rights.
- eBay may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
- fails to establish their entitlement to enter the Promotion to eBay's satisfaction; or
- fails to produce documents as requested by eBay to verify the validity of entries or produces items that are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way;
- appears, to eBay, to have tampered with, or benefited from tampering with, the entry process;
- has submitted an entry that is not in accordance with these Terms; or
- does not hold an open or active eBay account. The relevant Prize will be forfeited by the winner.
- If for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of eBay and its related bodies corporate, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, eBay reserves the right in its sole discretion take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant state/territory permit regulations and/or disqualify any individual who tampers with the entry process.
- Except for any liability that cannot be excluded by law, eBay (including its officers, employees, agents and related Bodies Corporate as defined by the Corporations Act 2001 (Cth)) exclude all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to:
- any technical difficulties, technical error or equipment malfunction (whether or not under eBay’s control);
- any error, omission, interruption, deletion, delay, defect, theft, unauthorised access or third party interference;
- any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by eBay) due to any reason beyond the reasonable control of eBay;
- any variation in Prize value to that stated in these Terms;
- any tax liability incurred by a winner or eligible entrant; or
- use of a Prize.
- Under no circumstances will eBay’s total aggregate liability in connection with this Promotion, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed AU$3,000.
- To the maximum extent permitted by law, entrants release eBay and the Promoter from all or any claims that may arise in connection with this competition.
- These rules are Terms and constitute the entire terms and conditions between the eligible entrant and eBay with respect to the Promotion and cannot be altered, modified or amended.
- These Terms are subject to the applicable State or Territory lottery laws.
- These Terms are governed by the laws of New South Wales and entrants submit to the exclusive jurisdiction of the New South Wales courts in relation to any disputes arising under these Terms or in relation to the competition.
How an entrant’s personal information may be collected and used
- All entries become the property of eBay.
- Entrants who participate in this Promotion agree that:
- An entrant’s personal information may be disclosed to third parties including marketing and communications agencies in order to conduct this Promotion and to the authorities responsible for the regulation of lotteries. Prize Winners' names will be published and retained as required by relevant legislation and as specified in these Terms;
The Promoter is Mike Da Silva & Associates (Aust) Pty Ltd, Level 17, the Ark, Coca-Cola Place, 40 Mount Street. North Sydney NSW 2060 (‘MDSA).
Authorised under NSW Permit No. LTPS/20/43093, ACT Permit No. TP20/00460 & SA Licence No. T20/398