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Mystery Offer Competition

TERMS AND CONDITIONS

  1. 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 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?

  1. The Promotion commences at 10:00am (AEDT) and closes at 11.59pm (AEDT) every Tuesday from 23 February 2021 until 31 March 2021 (“Promotion Period”)
  2. 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 during the Promotion Period.

Who can enter the Promotion?

  1. “Eligible Customers” will automatically be entered into the Promotion if, during the Promotion Period, they are:
    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 User who:
      1. can see the promotion advertised on eBay.com.au while logged into their account and/or receives an email from eBay advertising the promotion; and
      2. who signs up to eBay Plus membership through a free trial or paid membership,
      3. has not taken up any other eBay Plus promotions during the promotion period

    2. (“Successful Customer”)

The Prize

The Prizes of this Promotion are 60,000 eBay Mystery Gift Cards with a value of between $5 - $1000 and redeemable on eBay during the Redemption Period (see condition 10).

A computerised randomisation will be made of all Mystery Gift cards at 2:00pm on 19 February 2021 (AEDT) at eBay Australia, 1 York Street, Sydney, NSW, 2000.

How do entrants enter to win a Prize?

  1. To be eligible to win a Prize, entrants must:
    1. be an Eligible Customer; and
    2. complete all points included in condition 4 of these Terms & Conditions to become a Successful Customer.

    The first 60,000 Successful Customers will each receive one (1) Mystery Gift Card.

  2. A computerised randomisation will be made of all 60,000 Mystery Gift Cards at 2:00pm on 19 February (AEDT) at eBay Australia, 1 York Street, Sydney, NSW, 2000.

    Successful Customers will be allocated the ‘next’ randomised Mystery Gift Card during the Promotion Period.

    Mystery Offer Gift Card Value Quantity to be won Total Value
    $5 22,000 $110,000
    $10 20,000 $200,000
    $20 10,000 $200,000
    $50 5,000 $250,000
    $100 1,000 $100,000
    $200 1,000 $200,000
    $500 500 $250,000
    $1,000 500 $500,000
    Total 60,000 $1,810,000

    The total value of all Prizes available to be won for this Promotion is AU$1,810,000.

  3. The Promoter and eBay accept no responsibility for any variation in the value of any prize.
  4. Prizes, or any unused portion of a prize, are not transferable and cannot be substituted, exchanged, or taken as cash.

  5. The Promoter or eBay’s decision regarding winners is final, and no correspondence will be entered into regarding the outcome.

    Each prize (Mystery Gift Card) is subject to separate terms and conditions – please read these terms and conditions carefully below under ‘Use of Mystery Gift Card Offer Terms & Conditions’.

When will entrants receive their Prizes?

  1. All prize winners will be notified, and have the prize details sent to them, by email registered to their eBay account by 72hrs after their entry.

    Winners of prizes valued at $500 or $100 will be announced at www.mdsa.com.au/ebaywinners from 7 April 2021 2021 for a minimum of 28 days.

    The Mystery gift card can be redeemed from when they receive it and is valid for up to 3 years (‘Redemption Period’). The Promoter and eBay reserve the right to cancel the promotion at any time, subject to approval by applicable regulatory authorities.

Is it free to enter the Promotion?

  1. Entry is free into this Promotion except for any costs associated with entering, such as accessing the internet, mobile phone charges and eBay Plus membership fees, if applicable. eBay is not responsible for these costs.

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

  1. 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.
  2. eBay will not be responsible for prizes that cannot be delivered because an entrant’s details may have changed.
  3. 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 

  1. There may be tax implications from winning a prize in this Promotion. Winners should seek independent financial advice before a Prize is accepted.
  2. eBay is not responsible or liable for any loss or damages incurred by any party if any prize is unavailable.
  3. 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?

  1. 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. they have participated in another eBay Plus offer;
    5. incorrect including if an entrant provides the wrong details;
    6. breaches eBay’s User Agreement;
    7. incomprehensible;
    8. unlawful;
    9. offensive;
    10. capable of encouraging conduct that would be considered a criminal offence;
    11. capable of giving rise to civil liability; and/or
    12. made on behalf of an entrant by a third party or otherwise by proxy.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. These Terms are subject to the applicable State or Territory lottery laws.
  12. 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.
  13. 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 NTP/01088, ACT Permit No. TP21/00080, SA Licence No. T21/83

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

  1. All entries become the property of eBay.
  2. Entrants who participate in this Promotion agree that:
    1. eBay or other entities on its behalf may use and collect their personal information to administer this Promotion and to contact them about this Promotion and about eBay’s services. This information will be collected and used in accordance with eBay’s Privacy Policy, which can be found by clicking on “Policies” 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). 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. eBay may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or contacting the Entrant. This information will be collected and used in accordance with eBay’s Privacy Policy (https://www.ebay.com.au/help/policies/member-behaviour-policies/user-privacy-notice?id=4260). 

Use of Mystery Gift Card Offer Terms & Conditions

  1. Acceptance. By using or attempting to use the redemption code for this Mystery gift card Offer, you agree to accept and be bound by these terms and conditions.
  2. Redemption Period. The gift cards can be redeemed from when you receive it and is valid for 3 years (“Redemption Period”). eBay reserves the right to cancel the offer at any time.
  3. Conditions. The offer entitles Successful Customers to the eBay gift card valued at an amount specified in their My eBay and email. The use of the eBay Mystery Gift Card is subject to eBay Gift Cards Terms and Conditions.
  4. Redemption. To redeem this offer during the Redemption Period, enter the gift card code provided in your My eBay account and/or in your registered email into the redemption code box during the checkout process. This code cannot be used in conjunction with any other eBay offer, coupon, or voucher. The code is provided to you as an eBay User and the limitations on its usage apply on that basis even though you may have registered a number of different eBay User IDs.

General Terms & Conditions

  1. eBay Plus. By entering into this Promotion and signing up to eBay Plus, you accept the terms of the eBay Plus Terms and Conditions.
  2. eBay rights. Without limiting other remedies and in addition to eBay’s rights under the User Agreement, eBay reserves the right to disallow or reverse a discount or prohibit access to this offer in circumstances where eBay believes:
    • you have provided false information, conspired with others to gain an unfair advantage or have otherwise been involved in any way in manipulating, interfering, or tampering with the conduct of this offer;
    • a sale or purchase of any item as part of this offer has not been made in good faith, including where eBay considers that the buyer and seller may be related parties (such as family members or parties sharing the same dwelling); or
    • buyers or sellers have engaged in collusive conduct or any other conduct which eBay considers unfair, fraudulent, or untoward.
  3. Active. You must be an eBay.com.au registered member with an active account at the time of redemption (not suspended nor made inactive by eBay).
  4. Shipping. Items will only be shipped to addresses within Australia.
  5. Returns. If you return or seek a refund on any item purchased using this discount, the value of the discount will not be refunded to you.
  6. No withdrawal. This offer cannot be withdrawn into your bank account and cannot be transferred.
  7. Stock. Sellers are responsible for their own stock and eBay does not guarantee the availability of stock. This offer is only available while stock lasts.
  8. Liability. To the extent permitted by law, eBay will not be responsible for any loss incurred by you in redeeming or attempting to redeem the offer or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of the offer.
  9. Changes. eBay reserves the right to vary the terms and conditions of the offer at its reasonable discretion by publishing revised terms on eBay.com.au.
  10. Monetary amounts. All monetary amounts specified in these terms and conditions are in Australian dollars (AUD).
  11. Jurisdiction. The parties submit to the non-exclusive jurisdiction of the courts of the state of New South Wales.

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