EBAY MOTORS BUILT DISPLAY PHOTO CONTEST
NO PURCHASE NECESSARY
OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA.
VOID IN PUERTO RICO AND WHERE PROHIBITED
- ELIGIBILITY: The eBay Motors BUILT Display Photo Contest(the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age and older and who are physically located and reside in the United States or District of Columbia at time of entry (“Eligible Participant”). Void in Puerto Rico and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members (whether related or not), of eBay Inc. (“eBay”) and its affiliates, subsidiaries, and divisions (“eBay Entities”) (eBay and eBay Entities collectively, “Sponsor”), Sponsor’s advertising and promotion agencies, and Tenthwave Digital LLC and all others associated with the design, execution, production, development, and promotion of this Contest or are connected to this Contest in any way are not eligible to enter. Contest is subject to all applicable federal, state, and local laws. US law governs this Contest and personal jurisdiction shall exclusively be the state and federal courts located in Santa Clara, California.
- CONTEST TIMING: The Contest will run from (9am) to (5pm) each day beginning on October 30, 2012 and ending on November 2, 2012 (the “Contest Period”).
- CONTEST DESCRIPTION: The Contest invites Eligible Participants to submit a photograph of any one (1) or all of the four (4) vehicles on exhibit at the BUILT from eBay display at the 2012 SEMA show each day during the Contest Period. Entries will be scored by a panel of judges, and the entrant who submits the top-scoring entry for each day will be declared a winner, subject to verification and compliance with these Official Rules. A Winner will be determined and notified at the end of each day during the Contest Period.
All components of all entries must be submitted online in accordance with these Official Rules and received by (5) each day in order to be eligible for that day’s judging. Non-winning entries submitted each day will not be eligible for subsequent daily judgings. Limit up to four (4) entries per person/Twitter account or per person/Instagram account per day. Subsequent entries submitted by an entrant on a given day are void. Each Entry must be unique in content. The Website’s database clock will be the official timekeeper for the Contest.
Participation in this Contest by wireless mobile device means that Eligible Participant understands that: message and data rates and other charges may apply; check your wireless plan for details; you may receive additional messages by mobile device relating to this Contest, including notifying if you are a winner, which may be subject to charges pursuant to your carrier’s rate plan; this method of entry may not be available on all wireless carriers and in all areas of the U.S.
For greater certainty, if it is discovered that an Eligible Participant (or any person or entity purporting to be an Eligible Participant) has attempted to: (i) obtain more than the stated number of entries allowed during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to enter the Contest, then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Contest. Any Entry you submit will be rejected if (in the sole and absolute discretion of the Sponsor) it is not completed and submitted during the Contest Period. Use (or attempted use) of multiple names, identities, email addresses and/or any automated system to enter or otherwise disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.
The Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor and the Contest judges in their sole discretion. Photograph must be of good quality, unpublished and may not have previously won any prize or award. Each Contest entrant must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements incorporated into or used in the Photograph; or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements. Any entrant whose Photograph includes likenesses of third parties or contains content or elements not owned by the entrant (such as, but not limited to, use of songs, proprietary names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor and the judges) that permit the entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor’s right to use and exploit the content and materials in accordance with these Official Rules (“IP Releases”) before eligible to be declared a winner.
By submitting a Photograph, an Eligible Participant hereby acknowledges that they own or have secured all rights to use, publish and copyright the Photograph. Photographs may not be produced by professional photographers and must be of good quality, unpublished and may not have won any prize or award and must be owned by the entrant. An entrant may be required to provide a release to the Sponsor for the submitted Photograph, at the Sponsor’s sole discretion. If a Photograph is taken by another party (Photographer), Contest entrant must receive permission from the Photographer to submit the selected photograph in the Contest.
Contest entrants may use the Sponsor’s name in their Entry in a descriptive manner. In the event the likeness of a minor is included in an entrant’s Photograph, entrant must provide a legal release from the parent/legal guardian of the minor depicted in the Photograph.
SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DISQUALIFY ANY ENTRY SUBMITTED THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS CONTEST.
ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRY MATERIALS SUBMITTED IN CONNECTION WITH THIS CONTEST ARE SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, FOR ADVERTISING AND PROMOTIONAL PURPOSES.
Incomplete Entries or Entries not complying with these Official Rules are subject to disqualification. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Entries. Sponsor’s decisions are final on all matters relating to this Contest.
- JUDGING PERIOD: Each day at approximately 4:30 PM PT, all eligible entries received for that day will be judged by a panel of expert judges under the supervision of the Sponsor based on the following criteria: (i) Most Creative (0-25 points); (ii) Best Use of Color (0-25 points); (iii) Best Perspective (0-25 points); (iv) Most technical (0-25 points). Judging will be performed by a panel of judges selected by the Sponsor in its sole discretion. The top-scoring Entry determined each day will be declared the potential winner for that day. Up to a maximum of four (4), as determined by Sponsor, top-scoring entries will be declared potential winners during the Contest Period. Becoming a winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. In the event of a tie, the Entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate Entries according to the criteria listed above. Decision of judges is final and binding on all matters relating to this Contest. One (1) potential winner will be determined at approximately 5:00 PM PT each day during the Contest Period.
- NOTIFICATION OF WINNERS: Winners will be notified at approximately 5:00 PM PT each day during the Contest Period via mobile phone or text message using the contact information provided at the time of entry. Winners may be required to provide copies of Intellectual Property (IP) Releases (if applicable) and will be required to confirm their name and mailing address and return any documents, properly executed, within 48 hours via fax and within five (5) days of issuance of notification via regular U.S. Mail. Failure to return any or all documents fully-executed within the specified time period, or if any notification is returned as undeliverable, will result in disqualification and a runner-up may be selected. Winning is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in the Official Rules. If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Contest, it is his/her sole responsibility to notify the Sponsor by postal mailing or email notice to Sponsor’s address (listed below) to be received by the end of the Contest Period.
- PRIZES: Four (4) Prizes will be awarded (One (1) awarded per day): $100 eBay Gift Card. Approximate Retail Value (ARV) $100/each. Total ARV of all prizes: $400. A winner must have or must create a United States PayPal Account in good standing (the “PayPal account”) in order to receive, access, and use a prize. A prize will not be awarded to a winner with a locked, closed or restricted account. If you are an existing PayPal customer, your prize will be deposited in the PayPal account associated with the email address you provided. If the email address you provided is not associated with your PayPal account, you must associate it with your PayPal account within 7 days from time of prize notification. If you do not currently have a PayPal.com account, you must create a PayPal account within 7 days from the time of prize notification to qualify. Follow directions at www.PayPal.com to sign up for an account. Prize will be deposited in the winner’s PayPal account within 6-8 weeks of prize notification. You must have an eBay account and PayPal account registered in the U.S. to redeem this Card. eBay Gift Cards are valid only for purchases on eBay where PayPal is accepted. Not refundable or redeemable for cash. There is no expiration date or Card fees. Lost, stolen or damaged Cards will not be replaced. See http://giftcard.ebay.com/ns/terms.html for additional terms & conditions related to eBay Gift Cards. All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winners. Prizes may not be transferred, substituted or redeemed for cash, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable at the time the prize is awarded. All prizes claimed will be awarded. If a winner is deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian. Limit one prize per person/email address.
- 8. GRANT OF LICENSE: By entering the Contest, entrants grant Sponsor, its agents, subsidiaries and affiliates (the “Licensees”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Photograph, in any media now known or hereafter devised (including without limitation, the internet), without any compensation. Further, by entering the Contest, entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Photograph (with the understanding that Licensees are under no obligation to do so), or incorporate the Photograph into any form, medium or technology, including the right, at each Licensee’s sole discretion, to publish the Photograph and to use the Entry for advertising and promotional purposes. Licensees shall not be required to designate entrant as the creator or author of Photograph that is distributed or otherwise exploited by Licensees, or include any references to entrant on, or in connection with, any Entry that is distributed or otherwise exploited by Licensees.
- 9. By submitting a Contest Entry, Contest entrant acknowledges and agrees that Sponsor may obtain many Contest Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Contest Entries may be similar or identical in theme, idea, format or other respects to other Contest Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Contest Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Contest Entry, or that any compensation is due to entrant in connection with such Contest Entry or other works used by Sponsor. By submitting a Contest Entry, entrant hereby grants permission for the Contest Entry to be posted on Sponsor’s websites. Contest Entrant agrees that Released Parties are not responsible for any unauthorized use of Contest Entries by third parties. Released Parties do not guarantee the posting of any Contest Entry.
- 10. REPRESENTATIONS AND WARRANTIES: An Eligible Participant represents and warrants that: 1) he/she is the original author and creator of the Photograph and that the Photograph complies with these Official Rules; 2) the Photograph is original, has not been previously published and has not previously won any award or Contest; 3) the Photograph does not and will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; 4) that the Photograph is not the subject of any actual or threatened litigation or claim; 5) the Photograph is not obscene, offensive, libelous, pornographic, threatening, abusive, contain illegal content, or otherwise objectionable; 6) the Photograph does not encourage a criminal offense or otherwise give rise to liability or violate any law; 7) the Photograph does not display any logos or trademarks not owned by the Entrant; 8) the Photograph does not include any disparaging remarks relating to the Sponsor or any 3rd Party. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
12. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, TENTHWAVE DIGITAL LLC AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS, TWITTER AND INSTAGRAM (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), INJURY, LOSS OR DAMAGES OF ANY KIND (COLLECTIVELY, “CLAIMS”), INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS CONTEST, OR ANY CLAIMS FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS BROUGHT BY THIRD PARTIES. PARTICIPANTS AGREE THAT SPONSOR HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE CONTEST OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, illegible, damaged or stolen or misdirected entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or submit an Entry, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this Contest or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the Contest. Entry materials or votes that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest or modify these Official Rules at any time without notice, if in the judges’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest. In such event, Sponsor may void any entries they suspect are at issue and award prizes from among all eligible entries/votes received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY ONLINE SERVICE RELATED TO THIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Contest in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Contest. Any attempts by an individual to access any website associated with this competition via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited. Without limiting the generality of the foregoing, each Eligible Participant agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the Entry.
The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Official Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind, or for any other reason.
13. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Website and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Official Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules.
14. WINNERS’ LIST: For the names of the winners, available after November 15, 2012, mail a self-addressed, stamped envelope by November 15, 2012, to: eBay Motors BUILT Display Photo Contest Winners, P.O. Box 997, Plainview, NY 11803-0997.
15. SPONSOR & ADMINISTRATOR: The Sponsor of this Contest is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125. Administrator: Tenthwave Digital LLC, 35 Pinelawn Road, Suite 207W, Melville, NY 11747.
© Copyright 2012 Tenthwave Digital LLC. All rights reserved. Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.
BUILT Display & Bl