eBay's Watchlist Giveaway 

Terms & condition

1)     This Promotion is based on the following Terms and Conditions (“Terms”).  Entrants who participate in the Promotion will be considered to have agreed and accepted to these Terms.  All 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?

2)     The Promotion commences at 12:01am (AEDT) on 1 December 2023 and closes at 11:59pm (AEDT) on 12 December 2023 (“Promotion Period”).

3) 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 12 December 2023.

Who can enter the Promotion?

4)     “Eligible Entrants” will automatically be entered in the applicable Prize Draw if they, during the Promotion Period:

        a)   are an Australian resident; and

        b)   are 18 years or older; and

        c)   are 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

        d)    add an Eligible Item to their eBay watchlist when logged into their eBay account on eBay.com.au (“Watchlist”) during the Promotional Period.

How do entrants enter the draw to win a Prize?

5)     Entry into a draw to win a Prize (“Prize Draw”) is automatic at the time an Eligible Entrant adds an Eligible Item to their Watchlist during the Promotion Period. The addition of an Eligible Item to the Watchlist is considered one entry. To win a prize entrants must:

        a)     be an Eligible Entrant; and

        b)     add an Eligible item to their Watchlist during the Promotion Period

6)      “Eligible Items” means:

• Items listed on eBay.com.au and located in Australia;
• Items from Australian Sellers;
  
• Items that are ‘Buy It Now’ format, and not in Auction format (even with a ‘Buy It Now’ option); and
  
• Items that are not Excluded Items.
  

7)      “Excluded Items” means:

•  Items listed by the Eligible Entrant (i.e., the Eligible Entrant’s own items); and
• Items from the following categories:
  

Websites & Businesses for Sale (11759), Real Estate (10542), Services (316), Flights (3253), Tickets (1305), Travel (3252), Gift Cards (172009), Coins (11116), Other Tickets, Travel (123416), Services (316), Gift Cards & Vouchers (184609), Coins, Bullion (178078), Emerging NFTs (262050), Art NFTs (262051), Non-Sport Trading Card NFTs (262052),  Movie NFTs (262053), Music NFTs (262054), Sporting Trading Card NFTs (262055), CCG NFTs (262056), Software, Loops & Samples (177027).

8)     Each Eligible Entrant will receive a maximum of ten (10) entries using their eBay account, and are not permitted to use multiple eBay accounts to increase their entries. Use of multiple accounts will exclude a participant from being eligible for this Promotion. In the event an Eligible Entrant has won a prize in a previous Prize Draw, they will not be included in any further Prize Draws during the Promotion Period (excluding entrants from SA).

What are the prizes and when will the draw take place?

9)     There will be a total of twelve (12) Prize Draws in this Promotion, with one (1) Prize Draw for each day of the Promotion Period made electronically from all entries by Eligible Entrants received from 12:01am (AEDT) on 1 December 2023 and up to the close of the applicable daily Prize Draw Entry Period as listed below.Entrants received during each applicable daily Prize Draw Entry Period as listed below.  Each Prize Draw will take place at 10:00am (AEDT) at Mike Da Silva and Associates (Aust) Pty Ltd at Level 16, 1 Denison, North Sydney NSW 2060.

10)      The first Eligible Entrant(s) drawn in each Prize Draw will be the winner(s), and will receive a single-use eBay coupon up to a maximum value of: $2,000 for the winners in Prize Draws 1-10;  $5,000 for the winner in Prize Draw 11; and $10,000 for the winner in Prize Draw 12. The coupon will be attached to the winner’s eBay account from which their entry was drawn and will be valid for five (5) days from the date the winner is notified of their winning entry.

11)      The total maximum prize pool value of the fifty-two (52) prizes is $115,000.

12)      Additional terms and conditions apply, including those from each individual prize supplier (i.e. the seller of the item purchased from the winner’s Watchlist), and may include (but is not limited to):

• Single use eBay coupon to be used to purchase items in the winner’s Watchlist or otherwise listed on eBay.com.au,
• The terms and conditions applicable to the use of the eBay coupon to be used to purchase an item(s) in the winner’s Watchlist;
  
• The terms and conditions applicable to the item(s) from the individual prize supplier, including shipping and return policies.
  

It is a winner’s responsibility to read and agree to the relevant terms and conditions which may apply, prior to accepting and using a prize.

13)     The Promoter accepts no responsibility for any variation in the value of any prize.

14)     Prizes, or any unused portion of a prize, are not transferable and cannot be substituted, exchanged or taken as cash.

15)     The Promoter’s decision regarding prize winners is final, and no correspondence will be entered into regarding the outcome.

When will winners receive their prize?

16)     The winners will be notified in writing via the email connected to their eBay user account within two (2) days of each Prize Draw date. Winners will then be contacted by phone.

17)     Winners will have their details (first initial and surname) published on https://pages.ebay.com.au/buyer_coupons/2023/watchlistgiveaway two (2) days after the Promotional Period for a minimum of 30 days.

18)     Winners will receive their prize within two (2) days of the winner’s acceptance of the prize, as stipulated by the Promoter.

Is it free to enter the Promotion?

19) 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 Wednesday Friday 16 February 2024, an unclaimed prize draw will take place at the same time and location as the original draw on 1 August 2024 in order to distribute the prize if unclaimed by that date, subject to State regulations. Winner, if any, resulting from an unclaimed prize draw will be notified via email and telephone of their prize within 2 business days of the unclaimed prize draw, and their name will be published on ebay.com.au from 2 August 2024, for a minimum of 30 days.

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

20)     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.

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

22)     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

23)     There may be tax implications from winning a prize in this Promotion. Winner should seek independent financial advice before a prize is accepted.

24)     The prize must be used in accordance with eBay’s User Agreement which can be found at the bottom of eBay’s website (ebay.com.au) or is available here: https://www.ebay.com.au/help/policies/member-behaviour-policies/user-agreement?id=4259

When will an entry be invalid or rejected?

25)     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;
• late; 
• incomplete; 
• incorrect including if an entrant provides the wrong details; 
• incomprehensible; 
• unlawful; 
• offensive; 
• 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. 

26)     Entrants may be excluded from participating in the Promotion if their account, their listings or items that they sell contravene User Agreement as set out at https://www.ebay.com.au/help/policies/member-behaviour-policies/user-agreement?id=4259.

27)     eBay reserves the right, at any time, to:

                a) request information it may require to verify the validity of entries and entrants for the purpose of complying with applicable laws and regulations including sanctions and money laundering screening and assessing fraud and risk (including an entrant’s identity, age and place of residence) and

                b) disqualify any entrant who does not comply 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 and/or to comply with applicable laws and regulations, including evidence of age, residence or identity. Proof of identification, residency and entry considered suitable for verification is at the discretion of eBay

28)      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.

29)      eBay may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:

                a) fails to establish their entitlement to enter the Promotion to eBay's satisfaction; or

                b) 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;

                c) appears, to eBay, to have tampered with, or benefited from tampering with, the entry process;

                d) has not in accordance with these Terms; or

                e) does not hold an open or active eBay account. The relevant prize will be forfeited by the winner.

30)      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.

31)      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:

                a) any technical difficulties, technical error or equipment malfunction (whether or not under eBay’s control);

                b) any error, omission, interruption, deletion, delay, defect, theft, unauthorised access or third party interference;

                c) 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;

                d) any variation in prize value to that stated in these Terms;

                e) any tax liability incurred by a winner or eligible entrant; or

                f) use of a prize.

32)      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.

33)      To the maximum extent permitted by law, entrants release the Promoter from all or any claims that may arise in connection with this competition.

34)      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.

35)      These Terms are subject to the applicable State or Territory lottery laws.

36)      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.

37)      The Promoter is eBay Marketplaces GmbH (ABN624 652 016 681)1 York St Sydney, NEW SOUTH WALES, 2000 (“eBay”).

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

38)      Entrants who participate in this Promotion agree that:

                a) 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 “Privacy” at the bottom of our website www.ebay.com.au (http://pages.ebay.com.au/help/policies/privacy-policy.html). Where such communications constitute marketing, entrants can choose to opt-out from these communications at any time.

                b) 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.

39) Authorised under NSW Permit No. NTP/08250, ACT TP23/02417, and SA Licence No. T23/1809.

The drawn winners of this Watchlist Giveaway are as follow: S. Taylor, K. Bathgate, D. Costa, B. Saveliev, G. Vrahnas, J. Lawless, J. Astuto, W.Howard, H. Moore, J. Adams, A. Sealey.