Join eBay Motors and engage in fun, interactive, and rewarding activations that celebrate your passion for driving. Engage with eBay Motors and participate in challenges to increase your chance of winning a customized Ford F-250. Between November 1st and February 20th one winner will receive a $500 eBay gift card each week!Enter the Ultimate Truck Giveway
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR ENTRY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter. You understand that you are supplying your information to the Sponsor and not to Facebook, Instagram, or Twitter. This Sweepstakes shall not be published without permission of the Sponsor.
SPONSOR / ADMINISTRATOR: The “eBay Motors Ultimate Truck Giveaway” (“Sweepstakes”) is sponsored by eBay, located at 2025 Hamilton Avenue, San Jose, CA 95125 (“Sponsor”) and is administered by SmartMedia Technologies, Inc. (“SMT”) located at 201 Main Street, Suite 102, Carbondale, CO 81623 (“Administrator”) and National Sweepstakes Company, LLC located at 1143 East Union Street, Newark, NY 14513 (also, an “Administrator”).
SWEEPSTAKES TIMING/ENTRY PERIODS: The Sweepstakes begins on November 1, 2022 at 12:00 AM Pacific Time (“PT”) and ends on February 20, 2023 at 11:59 PM PT (“Sweepstakes Period”). The Sponsor’s computer is the official time keeping device for this Sweepstakes. The Sweepstakes Period includes sixteen (16) weekly entry periods (each an “Entry Period”), each associated with a random drawing. There will be one (1) weekly prize winner (each a “Weekly Prize Winner”) selected for each Entry Period. Each Weekly Prize Winner will receive a weekly prize (“Weekly Prize”). Each Entry Period begins at 12:00 AM PT on the first day of the Entry Period and ends at 11:59 PM PT on the last day of the Entry Period.
In addition to the Weekly Prize Winners, one (1) grand prize winner (“Grand Prize Winner”) will be selected from among all entries received during the Sweepstakes Period. He/she will win the grand prize (“Grand Prize”) as further described herein.
ENTRY LIMITS: Entrants may earn a maximum of two hundred (200) entries into this Sweepstakes. Non-winning eligible entries will carry forward into subsequent Entry Periods and drawings. For example: An entry received on November 1, 2022 will be eligible for all sixteen (16) weekly drawings, unless (or until) the associated Entrant is selected as a Weekly Prize Winner. An entry received on November 8, 2022, will be eligible for the fifteen (15) remaining drawings, unless (or until) the associated Entrant is selected as a Weekly Prize Winner, etc. All entries are eligible for the Grand Prize drawing. Limit of one (1) Weekly Prize per person and one (1) Grand Prize for this Sweepstakes.
ELIGIBILITY: This Sweepstakes is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age or the age of majority in his/her state of residence at the time of entry (each, an “Entrant”). The Entrant who is selected as the potential Grand Prize Winner must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the Grand Prize. Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the
“PRIZE CLAIMS” section of these Official Rules. Employees of Sponsor, Administrators, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. Subject to all federal, state, local laws and regulations. Void outside the fifty (50) United States and the District of Columbia and wherever else prohibited or restricted by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor/Administrator’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
HOW TO PARTICIPATE: There are two (2) ways to receive entry into this Sweepstakes via the Website (defined below): (a) the initial entry (“Initial Entry”); and (b) bonus entries (each, a “Bonus Entry”). Regardless of the method(s) used to obtain entry into this Sweepstakes, there is a limit of two hundred (200) entries per person during the entire Sweepstakes Period, equivalent to five (5) Initial Entries and one hundred and ninety-five (195) Bonus Entries (see “Entry Limits” section above). Please read the “Bonus Entry” section below carefully to see how entries will be distributed.
(b) Bonus Entries: Once the Initial Entry is received, eligible Entrants may then receive up to one hundred and ninety-five (195) Bonus Entries via any or all of the following methods. To earn Bonus Entries, visit the Website during the Sweepstakes Period and after following the instructions to access your account;
a. Create an eBay Account (10 Bonus Entries): Click the “I have an Ebay Account” button (existing users) to automatically receive your ten (10) Bonus Entries. If you are a new user, click the “Sign up for an eBay Account” button and register for an account to automatically earn ten (10) Bonus Entries. Bonus Entries earned via this method will be eligible for the drawing associated with the Entry Period for which the task was completed. Such entries will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner.
b. Download the eBay App (30 Bonus Entries): Click the “Download” button, follow the links and, if desired follow the instructions to Download the eBay Motors App via the Apple “App Store” or “Google Play” button to download the App to your iOS or Android mobile device. You are not required to download the App to receive the Bonus Entries via this method. Upon clicking “Download” button and following the links Entrant will automatically receive ten (10) Bonus Entries into the Sweepstakes. Standard data rates may apply if you download the eBay Motors App*. If you are concerned about data rates imposed by your mobile carrier, please inquire directly with your mobile carrier before downloading the App.
c. Add car to your garage (35 Bonus Entries): Click the “Add a Car to My Garage” button and upload a screenshot of the “My Garage” section of your eBay Motors account that shows your favorite car. The screenshot should show your favorite car added to “My Garage” at https://www.ebay.com/g/mygarage or in your eBay Motors app. Upon clicking the “Upload Image” button on the final screen, Entrants will receive thirty-five (35) Bonus Entries into the drawing associated with the Entry Period for which the “Continue” button was clicked. Such entries will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner.
d. Follow on Facebook, Instagram, and/or Twitter (up to 15 Bonus Entries during the Sweepstakes Period): Click the icon of each channel and follow the links and instructions to connect your account and become a follower of; (a) Sponsor on Facebook, (b) Sponsor on Instagram, and/or (c) Sponsor on Twitter. Entrants will receive five (5) Bonus Entries for each channel followed. The maximum number of Bonus Entries allowed via this method is fifteen (15). Bonus Entries received via this entry method will be eligible for the drawing associated with the Entry Period for which the social media channel was followed. Such entries will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner.
NOTE: Entrant must be a registered Facebook, Twitter, and/or Instagram user to obtain Bonus Entries via the methods listed above. To become a registered user, visit the channel’s website and follow the instructions prior to entering this Sweepstakes. Entrant’s Facebook, Twitter, and/or Instagram profile settings must be set to “public” in order to be viewable by the Sponsor for winner determination. If the Entrant’s account is not set to “public”, the Sponsor may not be able to verify the entry and the Entrant may not be eligible to win. Entrants may not use multiple Facebook, Twitter, and/or Instagram accounts to enter.
e. Share the Sweepstakes (25 Bonus Entries): There are two (2) ways to earn Bonus Entries via this method. Regardless of the method(s) used to obtain Bonus Entries via this process, there is a maximum of twenty-five (25) Bonus Entries per person during the Sweepstakes Period.
i. Via friend Referral: Click the “Share” button to share the Sweepstakes via email or social channels. When prompted, copy the unique link by pressing the “Copy” button. Then share the unique link with friends via a social media post, direct email or SMS (data rates may apply) (“Invitation Post”). To receive the Bonus Entry via this method, the referred friend must click on the unique link in the Invitation Post and follow the instructions to receive an Initial Entry into this Sweepstakes. Upon the friend’s successful entry into the Sweepstakes, the original Entrant will receive five (5) Bonus Entries into the drawing associated with the Entry Period for which the friend’s successful entry was received. Such entry will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner.
a. Weekly Challenges (80 Bonus Entries): Entrants can earn five (5) Bonus Entries per week via Weekly Challenges. The sixteen (16) weeks are listed as Entry Periods in the “SWEEPSTAKES TIMING/ENTRY PERIODS” section of these Official Rules. Each Weekly Challenge will become live at or about 9:00 AM PT on the first day of the corresponding Entry Period. Challenges that are not yet “live” will remain “locked” within your digital Wallet until you are eligible to participate. To earn Bonus Entries via this method, visit your Wallet during a week and click the weekly challenge you wish to participate in, and when prompted, click “Begin” and follow the online instructions to watch complete the challenge. YOU ARE NOT REQUIRED TO PROVIDE CORRECT ANSWERS IN ORDER TO ADVANCE). Once you have completed the weekly challenge, you will receive a message indicating you have completed the Weekly Challenge and you will automatically earn five (5) Bonus Entries into the Sweepstakes.
If more than the stated number of entries is received from the same person, telephone number and/or e-mail address the entries may, at the Sponsor’s sole discretion, be disqualified. Entrants are prohibited from using more than one (1) e-mail address, social media account, or multiple identities. If it is found or suspected that an Entrant is using more than one e-mail address or multiple identities to participate in the Sweepstakes, then that Entrant, in Sponsor’s sole discretion, will be disqualified. Use of any automated system to participate in the Sweepstakes is prohibited and may result in disqualification. The Sweepstakes Entities are not responsible for any points that are lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, points not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Sponsor will not verify receipt of entries for Entrants. In the event of a dispute regarding the identity of the person who participated in this Sweepstakes, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address submitted at the time for which the Initial Entry was received. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THESE SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES.
RANDOM DRAWINGS / NOTIFICATION: There are two (2) ways to win prizes in the Sweepstakes; (a) Weekly Drawings; or (b) the Grand Prize drawing.
(a) Weekly Drawings: There will be sixteen (16) random weekly drawings held in this Sweepstakes. Each weekly drawing will take place on or about 12:01 AM PT on or about the dates listed in the chart of the “SWEEPSTAKES TIMING/ENTRY PERIODS” section above. For each drawing, Administrator will randomly select one (1) Weekly Prize Winner from all eligible entries received during the respective Entry Period (and any non-winning eligible entries received from the preceding Entry Periods). The odds of winning a Weekly Prize in any Entry Period depend on the total number of eligible entries received during the Entry Period (and any non-winning eligible entries received from preceding Entry Periods). Each Weekly Prize Winner is considered a potential Weekly Prize Winner pending verification of his/her eligibility and compliance with these Official Rules.
(b) Grand Prize Drawing: On or about 12:01 AM PT on February 21, 2023, Administrator will randomly select one (1) Grand Prize Winner from all eligible entries received during the Sweepstakes Period. The odds of winning the Grand Prize (defined below) depend on the total number of eligible entries received during the Sweepstakes Period. The Grand Prize Winner is considered a potential Grand Prize Winner pending verification of his/her eligibility and compliance with these Official Rules.
Notification / Verification: The potential Prize Winners will be notified by the Sponsor via email within one (1) to three (3) business days from the date in which the random drawings take place (“Email Notification”). Upon receipt of the Email Notification, the potential Prize Winner will be required to click the “Redeem Prize” link found within the Email Notification which will lead him/her to the Website. Upon clicking the “Redeem Prize” button found on the Website, Prize Winner will automatically be redirected to his/her Wallet. If the Prize Winner is not logged in, he/she will see a message that a login link was sent to his/her email. The Prize Winner must return to his/her inbox and click on the login link to log in to his/her Wallet. In the Wallet, the potential Prize Winner will see a digital item that says “You Won.” Potential Prize Winner must tap the “You Won” item. Prize winner must click “Continue” and complete the prize redemption form in its entirety including his/her first name, last name, address, city, state, zip code, telephone number (including area code) and date of birth. FOR THE GRAND PRIZE WINNER ONLY: Upon completing the prize redemption form, potential Grand Prize Winner will be required to complete the prize claims and process listed in the “PRIZE CLAIMS” section below.
Prize Winners must claim prize within seventy-two (72) hours from the date the Email Notification is sent. If the prize winner does not respond to the initial notification, Sponsor will make up to two (2) additional attempts to reach the potential Prize Winners via additional Email Notifications during the seventy-two hour window. If a potential Prize Winner does not claim redeem his/her prize after Sponsor makes such additional attempts, the original potential Prize Winner will be disqualified, and an alternate will be selected. If a potential Prize Winner is disqualified, found to be ineligible or not in compliance with these Official Rules, or declines to accept the Prize an alternate will be selected as outlined above.
Sponsor will attempt to notify the potential Prize winners as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a prize winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. The Sponsor’s decisions with respect to the selection of the Prize Winners shall be based on their sole discretion and interpretation of these Official Rules and are final and binding in all respects.
PRIZE CLAIMS: Except where prohibited, the potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor, including a copy of his/her valid Driver’s License, if the Vehicle is chosen (collectively, the “Required Documents”) within three (3) days or less from receipt of Notification from the Independent Administrator by email (the Grand Prize Winner’s Travel Companion (defined below), if any, will be required to sign a Release, which must be returned alongside the Grand Prize Winner’s Release and W-9 Form). If the potential Grand Prize Winner fails to return the Required Documents within the time-period required, or if the email is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “RANDOM DRAWINGS/NOTIFICATION” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. Potential Grand Prize Winner must report income to the IRS. In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Grand Prize, such potential Grand Prize Winner will be disqualified, and an Alternate will be notified as outlined above. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor, in its sole discretion, that the potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “RANDOM DRAWINGS/NOTIFICATION” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.
PRIZES: The total approximate retail value (“ARV”) of all prizes available to be won in this Sweepstakes is $116,000.
(A) Weekly Prizes: Each Weekly Prize Winner will receive one (1) Weekly Prize consisting of a $500 gift certificate to redeem online at eBay Motors. The ARV of each Weekly Prize is $500. A total of sixteen (16) Weekly Prizes will be awarded in this Sweepstakes. The total ARV of all Weekly Prizes to be awarded is $8,000. Gift certificates expire 12/31/2023. Sponsor will not replace lost, stolen or mutilated gift certificates.
(B) Grand Prize: One (1) Grand Prize of the Grand Prize Winner’s choice will be awarded. The maximum ARV depending on the package chosen) is $108,000. The Grand Prize Winner may choose one (1) of the following Grand Prize packages:
Option 1 (Vehicle): The manufacturer suggested retail price (the “MSRP”) of the Option 1 Grand Prize is $108,000. The Option 1 Grand Prize includes one (1) Ford F250 truck, which shall be customized by eBay with custom parts from eBay Motors (the “Vehicle”). Vehicle color, custom options and accessories to be determined at the sole discretion of the Sponsor. Grand Prize Winner must have and provide a valid US Driver’s License with a Vehicle Endorsement (or Vehicle License, depending on state of residence) and provide proof of existing, applicable Vehicle Insurance Coverage (Comprehensive or Liability) at time of delivery. Grand Prize Winner is required to comply with all applicable federal, state and local laws, rules and regulations, including but not limited to licensing and insurance requirements. The sales tax, title and licensing of the Vehicle is the sole responsibility of the Grand Prize Winner. Grand Prize Winner will be solely responsible for any applicable registration, and insurance fees and any other expenses not listed herein related to receipt, possession, acceptance and use of the Grand Prize. Vehicle Delivery: Sponsor shall not be responsible for delays in availability of the Vehicle, and final awarding of the Vehicle is subject to availability. Sponsor however, shall use all reasonable efforts, subject to availability, to award the Vehicle within ninety (90) days after the Grand Prize Winner is determined. If the Grand Prize Winner resides within fifty (50) miles of the location for which the Vehicle is stored, he/she shall be responsible for picking up the Vehicle personally at a mutually agreed upon location closest to the Grand Prize Winner’s permanent legal residence and he/she must present adequate personal identification and evidence of legally required insurance. In such case, the Grand Prize Winner shall be solely responsible for all travel or transportation costs, associated with winning the Vehicle, except as otherwise provided herein. In the event the Grand Prize Winner resides more than fifty (50) miles from the location in which the Vehicle is held, the Vehicle shall be delivered to a mutually agreed upon location within fifty (50) miles from the Grand Prize Winner’s permanent legal residence at the Sponsor’s sole cost. The Grand Prize Winner shall bear all risk of loss or damage to the Vehicle after it has been delivered to the specified delivery site. The Grand Prize Winner must personally retrieve the Vehicle within thirty (30) days of written notification of delivery and must present adequate personal identification and evidence of legally required insurance, or the Grand Prize will be forfeited without compensation of any kind, and an alternate Grand Prize Winner will be randomly selected from among all remaining non-winning eligible entries received as outlined in the “RANDOM DARWINGS/NOTIFICATION” section above. The Vehicle will be delivered solely with the express written limited warranties set forth in the Vehicle’s applicable Owner’s Guide, which warranties shall run for the term set forth in said guide. The depiction of the Grand Prize Vehicle in any advertising or promotional materials or physical display may not reflect the actual Vehicle delivered to the Grand Prize Winner. Any difference between the stated MSRP of the Grand Prize and the actual value of the Grand Prize will not be awarded. The Grand Prize is taxable as income and Grand Prize Winner is solely responsible for any taxes on the Grand Prize, including, but not limited to all applicable federal, state and local taxes.
Names of prize manufacturer IS used solely for description of the Grand Prize. No sponsorship, endorsement or authorization of prize manufacturer is intended or implied by such use. Depictions of any part of the Grand Prize in any advertising or promotional materials may not reflect the actual Grand Prize awarded to the Grand Prize Winner.
Option 2 (Cash Alternative): The ARV of the Option 2 Grand Prize is $60,000. The Option 2 Grand Prize consists of $60,000 cash, awarded to the Grand Prize Winner in the form of a check.
Regardless of the Grand Prize package chosen, the value associated with the Grand Prize is taxable as income and the Grand Prize Winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes that become due with respect to the value of the Grand Prize. The Sponsor, or a third party acting on its behalf, may be required to report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize Winner; and, in such case, the value of the Grand Prize will be reported to the Grand Prize Winner and the Internal Revenue Service in the form of a Form 1099 and/or other applicable tax forms
If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. No transfer or substitution of any prize is permitted, except at Sponsor’s sole discretion or as otherwise provided herein. Prize winners are each solely responsible for all federal, state and local taxes if applicable. Except as otherwise set forth herein, unclaimed prizes will not be awarded. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prizes are non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the prize or force majeure, at Sponsor’s sole and absolute discretion. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason.
LIMITATION OF LIABILITY: By participating in this Sweepstakes, Entrants agree that the Sweepstakes Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to Entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the prize winners.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MONROE COUNTY, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONROE COUNTY, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
PRIVACY: The collection of personal information provided in connection with this Sweepstakes will be used in accordance with the Sponsor/Administrator’s privacy policies located online at the following website pages: https://smartmediatech.io/privacy/ and https://www.ebay.com/help/policies/member-behaviour-policies/user-privacy-notice-privacy-policy?id=4260
PUBLICITY RIGHTS: By participating in this Sweepstakes, each Entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture, video and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review, or approval and without additional compensation, except where prohibited by law.
GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any Entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
WINNERS LIST: For the list of the prize winner(s) or a copy of these Official Rules, please submit a self-addressed, stamped envelope by March 31, 2023 to “eBay Motors Ultimate Truck Giveaway”, PO Box 458, Newark, NY, 14513.