eBay Plus Summernats Promotion
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 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?

2. The Promotion commences at 12:01am (AEDT) on 27 November 2023 and closes at 11.59pm (AEDT) on 10 December 2023 (“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 10 December 2023.

Who can enter the Promotion?

4. “Eligible Entrants” will automatically be entered in the draw if 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 existing eBay Plus member or become an eBay Plus member during the Promotion Period.

How do entrants enter the draw to win the Prize?

5. To enter the draw to win the Prize (“Prize Draw”) entrants must:
   1. be an Eligible Entrant; and
   2. be an eBay Plus member during the Promotion Period; and
   3. opt into the Promotion via the RSVP tool.
6. Each Eligible Entrant will receive one entry into the draw.

What is the Prize and when will the draw take place?

7. There will be one draw made electronically, from all Eligible Entrants, on Monday 11 December 2023 at 10:00am (AEDT) at Mike Da Silva and Associates (Aust) Pty Ltd at Level 16, 1 Denison, North Sydney NSW 2060.

   The first Eligible Entrant drawn (who must still be an eBay Plus member at the time of the Prize Draw) will receive the Prize which includes:

   • 2x season’s pass tickets to Summernats in Canberra from 4-7 January 2024 (max. value of $369)
   • 2x Drift ride tickets, which includes 4 drift laps in a purpose-built ‘Drift Car’ (max. value of $240)
   • 1x $2300 VISA gift card

   The total maximum value of the prize is $2909 (the “Prize”).

   Accommodation and travel to and from the Prize locations is not included in the Prize and are the sole responsibility of the winner and their guest.

8. The Promoter accepts no responsibility for any variation in the value of the Prize or any element of the Prize. Additional prize information will be supplied to the winner upon verification, and the winner’s acceptance of the Prize.
9. Prizes, or any unused portion of a prize, are not transferable and cannot be substituted, exchanged or taken as cash.
10. The Promoter’s decision regarding the Prize winner is final, and no correspondence will be entered into regarding the outcome.
11. Each element of the Prize is subject to separate terms and conditions of the individual prize supplier – please read these terms and conditions carefully. It is an entrant’s responsibility to read and agree to these terms and conditions prior to entering the Promotion and accepting the Prize. As the Prize involves attendance at an event, additional terms relating to attendance at that event are also set out below.

When will winner receive their Prize?

12. The winner will be notified in writing on Wednesday 13 December 2023, and will have their details (first initial and surname) published on https://ebay.com.au/summernats from Wednesday 13 December 2023, for a minimum of 30 days.

Is it free to enter the Promotion?

13. Entry is free into this Promotion except for the eligibility requirement of becoming an eBay Plus member and 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?

14. If the Prize is unclaimed by 5:00pm (AEDT) on Wednesday 20 December 2023, an unclaimed prize draw will take place at 5:30pm (AEDT) on Wednesday 20 December 2023, at the same location as the original draw, in order to distribute the Prize if unclaimed by that date, subject to State regulations. The winner, if any, resulting from an unclaimed prize draw will be notified via email and telephone of their prize within 2 business day of the unclaimed prize draw, and their details (first initial and surname) will be published on https://ebay.com.au/summernats from Thursday 21 December 2023, for a minimum of 30 days.

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

15. 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.
16. eBay will not be responsible for prizes that cannot be delivered because an entrant’s details may have changed.
17. In the event of any uncertainty as to the claim to the Prize or the identity of the Eligible Entrant if selected as the winner, the Prize will be forfeited.

Other important terms to know 

18. There may be tax implications from winning the Prize in this Promotion. The winner should seek independent financial advice before the Prize is accepted.
19. eBay is not responsible or liable for any loss or damages incurred by any party if the Prize or any element of the Prize is unavailable.
20. Use of the eBay.com.au site to enter the Promotion is subject to eBay’s User Agreement which can be found at the bottom of the eBay.com.au site, or at https://www.ebay.com.au/help/policies/member-behaviour-policies/user-agreement?id=4259. eBay Plus membership is subject to the eBay Plus Terms & Conditions which are available at https://pages.ebay.com.au/buyer_coupons/plustc/.

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 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. 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.
24. 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.
25. 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 Plus membership account. The relevant Prize will be forfeited by the winner.
26. 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.
27. 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 the Prize or any element of the Prize.
28. 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.
29. To the maximum extent permitted by law, entrants release the Promoter from all or any claims that may arise in connection with this competition.
30. 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.
31. These Terms are subject to the applicable State or Territory lottery laws.
32. 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.
33. The Promoter is eBay Marketplaces GmbH (ABN 64 652 016 681) Helvetiastrasse 15/17, CH-3005 Bern Switzerland (“eBay”).

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

34. All entries become the property of eBay and will be dealt with in accordance with eBay’s Privacy Policy.
35. 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 “Privacy” at the bottom of our website www.ebay.com.au (http://pages.ebay.com.au/help/policies/privacy-policy.html).
    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 6 months, 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 (http://pages.ebay.com.au/help/policies/privacy-policy.html). Entrants can choose to opt-out from these communications at any time.

Additional Prize Conditions

As the Prize includes attendance at an event, the following additional terms will apply:

36. Attendance must be taken to coincide with that event. Prizes are only valid on the dates advised by the Promoter and can only be redeemed in accordance with the Prize supplier’s terms and conditions.
37. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.
38. The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination involved in the participation in the Promotion and/or use of the Prize (including travel to or from the event).
39. The winner and their guest must follow all reasonable directions given by the Promoter and any prize supplier during the course of their participation in the Prize, including all directions in relation to health, age, behaviour, safety and legal and responsible consumption of alcohol. No compensation will be payable if the winner and/or their guest/s are unable to use any element of the Prize as stated for whatever reason, including refusal of entry or departure into or out of the relevant country or participation in any other activities for health, age, behaviour or safety reasons. If the winner or their guests fails to participate in the Prize in the manner required, as stated in this condition and/or in the reasonable opinion of the Promoter or any prize supplier, the balance of the Prize will be forfeited with no compensation payable.
40. Valid government issued identification to enter the venue is required. The venue reserves the right to refuse any person entry into the venue, including, but not limited to, those who appear drunk or intoxicated. Responsible services of alcohol laws will be strictly enforced. Dress standards may also apply (at the discretion of the venue). The Promoter will not be liable and takes no responsibility for any refusal of entry by the venue of any person for any reason.
41. If any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their guests, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the Prize.
42. The winner and their guest must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines, that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.
43. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity.
44. It is the entrant’s responsibility to ensure that they (and their guest, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any challenge and/or undertake the activities awarded as part of the Prize.
45. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.
46. To the full extent permitted by the law the Promoter and its related bodies corporate will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including:
    1. any indirect, economic or consequential loss or loss of profits;
    2. any liability for personal injury or death.