eBay’s PS5 Competition

When does the Promotion start and end?

2. The Promotion commences at 10:00 (AEST) on 23 September 2021 and closes at 11.59pm (AEST) on 30 September 2021 (“Promotion Period”)
3. 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 (AEDT) on 30 September 2021.

Who can enter the Promotion?

4. The following customers are eligible to enter 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. is not an eBay Plus member; and
      2. 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
      3. signs up to eBay Plus membership during the Promotion Period to either a free trial or paid membership (monthly or annual).

(“Eligible Customers”).

5. eBay Plus membership is subject to the eBay Plus Terms and Conditions found at: https://pages.ebay.com.au/Buyer_coupons/plusTC/

The Prizes

6. The Prizes available in this Promotion are 48 gaming PS5 console “Prize Packs” valued at AU$1,602.55 each (total prize pool value of AU $76,922.40). Winners will win 1 of the 48 Prize Packs.
7. The first 48 unique Eligible Customers’ entries drawn will each win a PS5 Prize Pack including the PS5 console, various accessories such an additional controller, charging station, wireless headset, 4 gaming titles, a HD camera and media remote. The maximum value of each Prize is AU$1,602.55, as follows:

8. A computerised random draw will be made for all Prizes at 2:00pm (AEDT) on 5th October 2021 (AEDT) (“Draw Date”) at Mike Da Silva and Associates (Aust) Pty Ltd at Level 17, 40 Mount Street, North Sydney NSW 2060 (“Original Draw”). A total of 48 winners will be selected.

How do entrants enter to win a Prize?

9. To be enter the draw to win a Prize, entrants must:
   1. be an Eligible Customer, as defined in condition 4; and
   2. enter the Promotion by texting 0480000020 with their eBay registered email address, which they used to sign up to an eBay Plus membership, during the Promotion Period.
10. Eligible Customers who have successfully entered the draw to win a Prize in accordance with condition 9 above, can obtain one bonus entry if, during the Promotion Period:
    1. they purchase any item listed on eBay.com.au that has an eBay Plus badge (“eBay Plus Item”); and
    2. be an eBay Plus member at the time they purchase the eBay Plus Item.
11. Regardless of how many eBay Plus Items an Eligible Customer purchases, maximum entries to win a Prize are limited to two (2) entries per person.

When will entrants receive their Prizes?

12. All Prize winners will be notified in writing by email by 7 October 2021.
13. The Prizes will be mailed to the winners once they have confirmed their delivery address.
14. Winners will be announced at www.mdsa.com.au/ebaywinners from 13 October 2021 for a minimum of 28 days.

Is there an Unclaimed Prize Draw?

15. If any Prize is unclaimed by 5.30pm (AEDT) on 5 January 2022, an “Unclaimed Prize Draw” will take place at the same time and the same location as the Original Draw on 13 January 2022 in order to distribute any Prize which is unclaimed by 5 January 2022, subject to State regulations. Winners, if any, resulting from an Unclaimed Prize Draw will be notified via email of their prize, and their name will be published on www.mdsa.com.au/ebaywinners from 17 January 2022 for a minimum of 28 days.

Is it free to enter the Promotion?

16. Entry is free into this Promotion except for any costs associated with entering, such as accessing the internet, mobile phone charges and the cost of an eBay Plus membership, if applicable.
17. The cost of sending a text entry as set out in condition 9 is the responsibility of the entrant and will vary depending on the mobile network used. Total cost of text entry made within Australia will not exceed 55 cents including GST. Entrants may need to consult their mobile phone provider prior to entering the Promotion.
18. eBay and the Promoter are not responsible for any of these costs.

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

19. If an entrant’s eBay details change at any time during the Promotion Period or before winners are announced they should notify eBay Customer Service immediately via the eBay help centre.
20. eBay will not be responsible for Prizes that cannot be delivered because an entrant’s details may have changed.
21. 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.

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

22. All entries become the property of eBay.
23. 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. If they are a Prize winner, eBay will send their personal information to the eBay seller who holds units of the Prize Packs and contents, for the purposes of sending the Prize Pack and contents directly to the Prize winner.
    4. 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).

When will an entry be invalid or rejected?

24. 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.
25. 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.
26. eBay reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residencand 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.
27. Errors and omissions may be accepted at eBay's discretion. Failure by eBay or the Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights.
28. 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.

Other important terms to know

29. There may be tax implications from winning a Prize in this Promotion. Winners should seek independent financial advice before a Prize is accepted.
30. eBay is not responsible or liable for any loss or damages incurred by any party if any Prize is unavailable.
31. By entering into the Promotion and signing up to eBay Plus, entrants agree to accept and be bound by the eBay Plus Terms and Conditions, found at: https://pages.ebay.com.au/Buyer_coupons/plusTC/
32. The Promoter and eBay accept no responsibility for any variation in the value of any Prize.
33. Prizes, or any used or unused portion of a Prize, are not transferable and cannot be substituted, exchanged or taken as cash.
34. The Promoter or eBay’s decision regarding winners is final, and no correspondence will be entered into regarding the outcome.
35. 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.
36. 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.
37. 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.
38. 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 Promotion.
39. 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.
40. These Terms are subject to the applicable State or Territory lottery laws.
41. 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 Promotion.
42. 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).