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eBay’s $1M Gift Card Giveaway

TERMS AND CONDITIONS

  1. This Promotion is based on the following Terms and Conditions (“Terms”). Please read these Terms before entering the Promotion. By participating in the promotion, Entrants agreed to accept and be bound by 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.

    2. When does the Promotion start and end?

  2. The Promotion commences at 10:00am on 27th of May (AEST) and closes at 11:59pm (AEST) on the 2nd June 2021 (“Promotion Period”)
  3. Each entrant must be an Eligible Customer and 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 during the Promotion Period.

    4. Who can enter the Promotion?

  4. An “Eligible Customer” is an eBay User who is:
    1. an Australian resident; and
    2. 18 years or older; and
    3. 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
    4. an eBay Plus member with an active eBay Plus membership during the Promotion Period, including as part of an eBay Plus free trial.

    5. The Prize

  5. The Prizes of this promotion are split into a Top and Secondary prize pool, as follows:
    1. “Top Prize” pool: Five (5) unique Successful Customers of this Promotion will each win $60,000 worth of eBay digital Gift Cards in the form of twelve (12) Gift Cards, each worth $5000, issued once per month for twelve (12) months. The Gift Cards will be redeemable on eBay during the Redemption Period (see condition 28). Total value of all Top Prizes is $300,000.
    2. “Secondary Prize” pool: Seven thousand (7000) unique Successful Customers of this Promotion will each win a $100 eBay digital Gift Card which will be redeemable on eBay during the Redemption Period (see condition 28). Total value of all Secondary Prizes is $700,000.
  6. The total combined value of all prizes available to be won for this Promotion is AU$1,000,000.
  7. A computerised random draw will be made from all Successful Customers’ entries on 19th July 2021 (AEST) (“Draw Date”) at MDSA Promotion Marketing Level 17, 40 Mount Street, North Sydney NSW 2060, and prizes will be awarded to all winners by 20th August 2021 (“Award Date”) in accordance with conditions 11 and 12.

    8. How do entrants enter to win a Prize?

  8. To be eligible to win a Prize, entrants must be a “Successful Customer”, meaning they must:
    1. be an Eligible Customer; and
    2. spend $50 or more on eBay, subject to the conditions and exclusions in conditions 9 and 10.
  9. For every $50 spent (excluding postage) on eBay during the Promotion Period and which has not been refunded before the Draw Date, an Eligible Customer will gain one entry into the competition, up to a maximum of 50 entries per Eligible Customer.
    1. For example, if an Eligible Customer spends a total of $150 in one or more transactions during the Promotion Period, they will receive three (3) entries. If an Eligible Customer spends a total of $230 in one or more transactions during the Promotion Period, they will receive four (4) entries. If an Eligible Customer spends a total of $400 during the Promotion Period but subsequently returns some items before the Draw Date and receives a refund of $70, they will receive six (6) entries. There is no limit on the number of transactions which will qualify for an Eligible Customer’s maximum 50 entries.
  10. For the avoidance of doubt, transactions (or any part thereof) made by Eligible Customers during the Promotion Period which:
    1. have been paid for using cash, bank cheque or personal cheque, money order or by direct debit or bank transfer; or
    2. are for items which are picked up locally (as opposed to having been sent by post, or collected by Click & Collect, or Buy Online Pick Up In Store, where applicable),
    are excluded from this Promotion and will not contribute to or result in Eligible Customers gaining an entry to the Promotion.
  11. The first five (5) unique Successful Customers drawn will each receive a Top Prize. Top Prize winners will be allocated their first $5,000 Gift Card on the Award Date, and their remaining eleven (11) x $5,000 Gift Cards will be awarded monthly thereafter until all 12 monthly installments have been made (“Top Prize Award Allocations”). See additional conditions relating to Top Prizes under condition 23.
  12. The next seven thousand (7000) unique Successful Customers drawn will each receive a Secondary Prize. Secondary Prize winners will be allocated their $100 Gift Card on the Award Date.

    13. When will entrants receive their Prizes?

  13. All prize winners will be notified before the Award Date, and have the prize details sent to them, by email to the email address registered to their eBay account on the Award Date. Winners of the Top Prizes will be announced at www.mdsa.com.au/ebaywinners from the Award Date, for a minimum of 28 days. All Eligible Customers are responsible for ensuring their contact details are accurate and up to date on their eBay account.

    14. Is it free to enter the Promotion?

  14. Entry is free into this Promotion except for:
    1. The cost of making a purchase of $50 or more per entry as set out in condition 9; and
    2. any other costs associated with entering, such as accessing the internet, mobile phone charges and eBay Plus membership fees, if applicable.
  15. eBay and the Promoter are not responsible for these costs.

    16. How an entrant’s personal information may be collected and used

  16. All entries become the property of eBay.
  17. Entrants who participate in this Promotion agree that:
    1. eBay or other entities on its behalf, including the Promoter, may use and collect their personal information to administer this Promotion and to contact them about this Promotion and about eBay’s services. Entrants can choose to opt-out from these communications at any time.
    2. 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.
    3. This information will be collected and used in accordance with eBay’s Privacy Notice, which can be found by clicking on “Privacy” at the bottom of our website www.ebay.com.au (https://www.ebay.com.au/help/policies/member-behaviour-policies/user-privacy-notice?id=4260).

    18. What if an entrant’s details have changed during the Promotion?

  18. If an entrant’s eBay details change at any time during the Promotion period, or Redemption Period for winners, they should notify eBay Customer Service immediately via our help center.
  19. eBay will not be responsible for prizes that cannot be delivered because an entrant’s details may have changed.
  20. 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.

    21. When will an entry be invalid or rejected?

  21. Entries into the Promotion may be invalid, or eBay may reject entries, if eBay reasonably forms the opinion that an entry is:
    1. made using automated entry means or by use of a computer entry service;
    2. late;
    3. incomplete;
    4. incorrect, including if an entrant provides the wrong details;
    5. breaches eBay’s User Agreement;
    6. incomprehensible;
    7. unlawful;
    8. offensive;
    9. capable of encouraging conduct that would be considered a criminal offence;
    10. capable of giving rise to civil liability; and/or
    11. made on behalf of an entrant by a third party or otherwise by proxy.
  22. Entrants may be excluded from participating in the Promotion if their eBay 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.
  23. Prize winners will forfeit their prize (or any remaining value thereof), if the prize winner’s eBay account becomes restricted, temporary suspended, indefinitely suspended, if their eBay membership becomes terminated, or if eBay otherwise considers (acting reasonably) that they have materially breached the eBay.com.au’s User Agreement and/or any of eBay.com.au’s policies during the Redemption Period.
  24. 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.
  25. 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.
  26. eBay may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
    1. fails to establish their entitlement to enter the Promotion to eBay's satisfaction; or
    2. 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;
    3. appears, to eBay, to have tampered with, or benefited from tampering with, the entry process;
    4. has submitted an entry that is not in accordance with these Terms; or
    5. does not hold an open or active eBay account. The relevant Prize will be forfeited by the winner.

    27. Use of Gift Card Offer Terms & Conditions

  27. The use of the eBay Gift Cards awarded to Top Prize and Secondary Prize Winners is subject to eBay Gift Cards Terms and Conditions. By using or attempting to use the redemption code for any Gift Card awarded as a part of this Promotion, winners agree to accept and be bound by the eBay Gift Card Terms and Conditions.
  28. The Gift Cards are valid for a period of 3 years from the date they are issued (“Redemption Period”).
  29. The eBay Gift Cards awarded as part of the Top Prizes and Secondary Prizes can only be redeemed using the eBay account the relevant entrant used to become a Successful Customer. For the avoidance of doubt, the eBay Gift Card awarded to each winner cannot be transferred to another eBay account.
  30. To redeem the value of a Gift Card during the Redemption Period, recipients will need to enter the Gift Card code provided in their “My eBay” account and/or in their registered email into the redemption code box during the checkout process. The code cannot be used in conjunction with any other eBay offer, coupon, or voucher. The code is provided to each recipient as an eBay User and the limitations on its usage apply on that basis even though users may have registered a number of different eBay User IDs.

    31. Other important terms to know

  31. There may be tax implications from winning a prize in this Promotion. Winners should seek independent financial advice before a Prize is accepted.
  32. eBay is not responsible or liable for any loss or damages incurred by any party if any prize is unavailable.
  33. 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).
  34. The Promoter and eBay accept no responsibility for any variation in the value of any prize.
  35. Prizes, or any unused portion of a prize, are not transferable and cannot be substituted, exchanged, or redeemed as cash.
  36. The Promoter or eBay’s decision regarding winners is final, and no correspondence will be entered into regarding the outcome.
  37. Each prize (Gift Card) is subject to separate terms and conditions as set out in conditions 27 to 30. Entrants and winners should read those terms and conditions carefully.
  38. 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.
  39. 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:
    1. any technical difficulties, technical error, or equipment malfunction (whether or not under eBay’s control);
    2. any error, omission, interruption, deletion, delay, defect, theft, unauthorised access or third party interference;
    3. 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;
    4. any variation in Prize value to that stated in these Terms;
    5. any tax liability incurred by a winner or eligible entrant; or
    6. use of a Prize.
  40. 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.
  41. 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.
  42. 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.
  43. These Terms are subject to the applicable State or Territory lottery laws.
  44. 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.
  45. 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. NTP/01827, ACT Permit No. TP21/0076, SA Licence No. T21/711

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