EBAY HOLIDAY TWITTER PARTY SWEEPSTAKES

EBAY HOLIDAY TWITTER PARTYSWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. 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.

1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

2. ELIGIBILITY: The eBay Holiday Twitter Party Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age and older, who are physically located and reside in the United States or District of Columbia ("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, 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 are not eligible to enter. Sweepstakes is subject to all federal, state and local laws. U.S. law governs this Sweepstakes and personal jurisdiction shall exclusively be the state and federal courts located in Santa Clara, California.

3. SWEEPSTAKES TIMING/DESCRIPTION: The Sweepstakes begins at 9:00:00 AM Pacific (PT) on November 21, 2011 and ends at 4:00:00 PM PT on November 21, 201 (“Promotion Period”).
One (1) Prize will be awarded at the end of each hour of the Promotion Period (“Hourly Drawing”) in a random drawing from among all eligible entries received during each respective hour.

4. HOW TO ENTER: To enter, you must have or create a non-private Twitter account (“Twitter account”). If you already have a Twitter account, submit your email address and password and sign in. If you are not an existing member of Twitter, you will be required to follow the directions and join Twitter. When you join Twitter, you are indicating that you have read and agree to accept the Twitter Terms of Service and Privacy Policy. Membership to Twitter.com is free. There are 2 ways to enter the sweepstakes: 1) If you are an existing follower of @eBay on Twitter, you must attend the eBay Holiday Twitter Party at www.ebay.com/holidayparty and participate in the conversation during the Promotion Period by Tweeting with hashtag #eBayHoliday. 2)Sign in at Twitter.com, go to www.twitter.com/ebayand become a new follower by clicking “Follow” @eBay during the Promotion Period. You must continue to follow @eBay throughout the Promotion Period in order to receive one (1) entry In the Sweepstakes. Entry must be received by the end of each hour in order to be eligible for that hourly drawing. There is a limit of one (1) entry per person per Twitter account per hour, regardless of entry method. Subsequent entries submitted by the same entrant within the same hour are void. Entries will not be judged or scored. Entries submitted will not be acknowledged. The website’s clock will be the official timekeeping device for the Sweepstakes.
Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entries that are mechanically reproduced, copied, illegible, incomplete, late or inaccurate are void. Sponsor is not responsible for late, lost, incomplete illegible, damaged or misdirected entries. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. Sponsor’s decisions are final on all matters relating to this Sweepstakes. Entries will be deemed to have been submitted by the authorized account holder associated with the username used to enter via Twitter. The authorized account holder is defined as the natural person who is assigned to a username by twitter.com. You must enter using only a twitter.com account subscribed to and registered in your name. Entries will be deemed to have been submitted by the person subscribed and registered to the username from which entries are received. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the user name/Twitter Account associated with the winning entry. 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 in their sole discretion. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any entry, proper names, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the internet) without additional compensation, except where prohibited by law.

ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRIES SUBMITTED IN CONNECTION WITH THIS SWEEPSTAKES 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 INCLUDING (BUT NOT LIMITED TO) IN CONNECTION WITH THE SWEEPSTAKES

5. DETERMINATION OF WINNERS: One (1) prize will be awarded after each hour from 9:00:00 AM PT – 4:00:00 PM PT for a total of seven (7) prizes awarded. Each Hourly random Drawing will occur at the end of each hour during the Promotion Period. The random drawing will be conducted under the supervision of the Sponsor. Sponsor’s decisions are final on matters relating to this Sweepstakes. Potential hourly winners will be notified by a Twitter direct message and by electronic mail and/or overnight or U.S. mail and/or telephone within twenty-four (24) hours following each Hourly Drawing.
Potential winners may be required to sign an affidavit of eligibility/liability release and where legal, a publicity release, and Federal and State tax release, or to verify their mailing address and return these documents, properly executed, within 7 days of issuance of notification. Non-compliance within this time frame, or if prize or prize notification is returned as undeliverable, will result in the entrant being disqualified, and the prize will be awarded to a potential alternate winner. Allow 6-8 weeks for delivery of prize. Odds of winning depend upon the number of eligible entries received for each hour.

6. PRIZES: Seven (7) Prizes, one (1) awarded per hour: $100 eBay Gift Card. Approximate Retail Value (ARV): $100/each. Total ARV of all prizes: $700. eBay Gift Card to be awarded as a deposit to the winner’s PayPal account. Winner must have or must create a United States PayPal Account in good standing (the “PayPal account”) in order to receive, access, and use the prize. 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 eBay Gift 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 are not transferable and no substitutions or cash equivalents are permitted, except that Sponsor at its sole discretion, may substitute the prize with a prize of equal or greater value. Specifics of a prize are in sponsor’s sole discretion. A claimed prize will be awarded. If winner is 18 years of age but deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian.

7. CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements. Use of any eBay Site and Sponsor’s use of information submitted by entrants in connection with this Sweepstakes will be subject to the terms and conditions stated in these Official Rules as well as to the eBay Users Agreement and Privacy Policy available on the eBay Site. You will not be eligible for the Sweepstakes if your accounts on any eBay Site are not in good standing. In order for your accounts to be deemed in good standing as that term is used herein, you must not have a hold on your account and your account must not be suspended or past due as of November 21, 2011. All materials submitted in connection with the Sweepstakes become the property of Sponsor and will not be returned. By accepting a prize, winner consent to the use of their names, images, likenesses, photographs, voices and biographical material and entry submissions for advertising, publicity and promotional purposes by Sponsor, or a party designated by Sponsor, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Entrants agree that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between entrants and eBay in connection with this Sweepstakes. Entrants agree to waive any right to claim ambiguity in these Official Rules. Entrants agree that any and all disputes shall be governed by the laws of the State of California.

8. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, TENTHWAVE DIGITAL LLC AND TWITTER, INC., THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (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 THE SWEEPSTAKES OR ANY CLAIMS ARISING 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 OR DAMAGE TO PROPERTY; AND CLAIMS BROUGHT BY THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE 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 SWEEPSTAKES OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE OR ANY PROMOTIONAL WEB SITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, 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, inability to submit an entry, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Sweepstakes. Releases are not responsible for late, lost, incomplete, illegible, damaged or misdirected entries. Entry materials 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 the Sweepstakes 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 Sweepstakes, or if any virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Sweepstakes or for any other reason in its sole discretion. In such event, Sponsor may void any entries they suspect are at issue and award the prize from among all non-suspect eligible entries received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 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 such term or any other provision. Sponsor reserves the right to disqualify any entrant who violates the rules or interferes with the Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate such entrant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address and all entries from that 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 Sweepstakes, 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.

9. 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 Eligible Participant and Sponsor in connection with the Sweepstakes, 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 Sweepstakes-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, Entry or vote 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 Sweepstakes as contemplated in these Official Rules.

10. WINNERS’ LIST: For the names of the winners, available after 11/30/11, mail a self-addressed, stamped envelope by 11/30/11 to: eBay Holiday Twitter Party Sweepstakes Winners, P.O. Box 997, Plainview, NY 11803-0997.

11. SPONSOR & ADMINISTRATOR: The Sponsor of this Sweepstakes is eBay Inc., 2145 Hamilton Avenue, San Jose, CA 95125. Administrator: Tenthwave Digital LLC, 35 Pinelawn Road, Suite 207W, Melville, NY 11747.

Twitter, Inc. is not a sponsor of this Sweepstakes and has not authorized or otherwise sanctioned or agreed to this Sweepstakes and/or the use of Twitter’s name and/or service for the purposes set forth herein.