OFFICIAL RULES
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.
SPONSOR / ADMINISTRATOR: The “eBay Motors HARDY The Mocking Bird and The Crow Tour Ticket Giveaway” (“Sweepstakes”) is sponsored and administered by eBay, located at 2025 Hamilton Avenue, San Jose, CA 95125 (“Sponsor & Administrator”).
ELIGIBILITY:
The “HARDY The Mocking Bird and The Crow Tour Ticket Giveaway – Savannah GA” (“Sweepstakes”) 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”). 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. Winning the prize is contingent upon fulfilling all requirements as set forth herein.
SWEEPSTAKES PERIOD:
Sweepstakes begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on November 18, 2023 and ends at 11:59:59 p.m. EST on December 2, 2023. Sponsor’s computer is the official time keeping device for this Sweepstakes.
HOW TO PARTICIPATE:
The Sweepstakes will be administered by Sponsor. To participate, enter the Sweepstakes by going to https://www.instagram.com/ebaymotors/ (the “Sponsor Instagram page during the Sweepstakes Period, navigate to the Sweepstakes post, follow the requirements as outlined in the post (Follow @ebaymotors on Instagram, and comment below tagging who you’d take with you)
By reading these Official Rules and following the instructions to enter you agree to all Sweepstakes terms and conditions. Submissions are only accepted through the Sponsor Instagram page. Use of any robotic, automatic, programmed, or similar entry method, or entering more than the number of times permitted will void all entries and result in disqualification. Limit one (1) entry per person or household regardless of entry method.
SWEEPSTAKES DRAWING:
Winners will be selected in a random drawing from among all eligible Entries received by Sponsor, whose decisions are final in all matters relating to this Sweepstakes. ODDS: ODDS OF WINNING THE SWEEPSTAKES WILL DEPEND ON THE TOTAL NUMBER OF PARTICIPANTS SATISFYING THE ENTRY AND ELIGIBILITY CRITERIA DESCRIBED ABOVE
WINNER NOTIFICATION:
Winner will need to provide first and last name as shown on Valid government-issued photo identification to confirm your identity when picking up will call tickets
PRIZE REDEMPTION AND CLAIMING: The potential Winner will be notified by direct message via the winner’s Instagram account within forty-eight (48) hours of the selection. The potential Winner will be required to confirm his/her name, address, and email address within 24 hours, or the Prize will be forfeited and may be awarded to an alternate winner. If the Prize is returned as undeliverable, or if the Winner is unable to be contacted via phone, email, or direct message, within the applicable time period, Sponsor will have the right, but not the obligation, to select an alternate Winner. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the account from which they were sent. For these purposes, an account holder means the natural person assigned to such account by Facebook, Instagram, Twitter, Internet access provider, online service provider, or other organization responsible for assigning account addresses for the domain and number associated with such account. Any questions regarding the number of entries submitted or the owner of an account will be determined by Sponsor in its sole discretion. All offers are non-transferable.
In the event of noncompliance within any stated time period, the prize will be forfeited and an alternate potential winner will be selected. Any alternate potential winner selected will also be required to adhere to the time periods described herein. Any prize notification or prize returned to the Sponsor or its agencies as undeliverable will result in disqualification and the awarding of that prize to an alternate potential winner.
Sponsor is not responsible for suspended or discontinued Internet, wireless, or land-line phone service or a change in an entrant’s email, phone number or mailing address which may result in a potential winner not receiving initial prize notification or his/her prize information.
PRIZE DETAILS:
Prize: Two (2) Verified Winner(s) will receive two (2) concert tickets and one (1) $50 eBay Motors gift card. If winner cannot accept the prize as specified, the prize will be forfeited and Sponsor will attempt to award to an alternate winner. Approximate Retail Value is listed below. Total ARV of all prizes is $200. Any difference between stated value and actual value will not be awarded.
Two (2) Concert Tickets = $75 each
One (1) $50 ebay motors gift card = $50
Prize is non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of Sponsor. If prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.
If Sponsor so elects, potential winner may be required to submit to a confidential background check. Such background check may include (but is not limited to) investigation of criminal, sexual offenses, or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that the potential winner will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. If requested, potential winner agrees to sign waiver forms authorizing the release of personal and background information. In the event of noncompliance, to be determined at the sole discretion of Sponsor, prize will be forfeited and awarded to an alternate winner.
LIMITATIONS OF LIABILITY AND RELEASE:
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 CALIFORNIA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN SANTA CLARA COUNTY, CALIFORNIA 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 JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“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 CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN SANTA CLARA COUNTY, CALIFORNIA. 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.
COPY OF OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules to the Sweepstakes, or the name of the Winner, visit:
www.ebay.com/motors/blog/ticketgiveaway
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or X (formerly known as Twitter). You understand that you are supplying your information to the Sponsor and not to Facebook, Instagram, or X (formerly known as Twitter). This Sweepstakes shall not be published without permission of the Sponsor.
