Ebay – Dunks Giveaway – Win pair of Nike size 9 Chunky Dunky sneakers
THE EBAY DUNKS GIVEAWAY OFFICIAL RULESNO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. The information you provide will only be used in the event you are determined a Sweepstakes winner.
SWEEPSTAKES ENTRY PERIOD: The eBay Dunks Giveaway “Sweepstakes”) starts 12:00 a.m. Eastern Time (“ET”) on October 19, 2020 and ends at 11:59 p.m. ET on October 25, 2020 (“Sweepstakes Entry Period”). The entire duration of the Sweepstakes runs from October 19, 2020 until potential winner has been notified, verified and prize has been awarded (“Entire Sweepstakes Period”).
ELIGIBILITY: Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of date of entry and who have their own active Twitter account (“Your Twitter Account”) with a public setting or have their own active Instagram account (“Your Instagram Account”) as of the date of entry and throughout the Entire Sweepstakes Period. Minors must have consent from their parent or legal guardian. Officers, directors, and employees of eBay, Inc. (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), Daniel J. Edelman, Inc. d/b/a Edelman, and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (all such individuals and entities collectively referred to herein as the “Sponsor, Administrator and Related Parties”)and their immediate family members (defined as parents, siblings, spouses and children; whether biological, adopted, step or in-law) and/or those living in the same household (whether related or not) of each are not eligible to participate or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws.
HOW TO ENTER: At the start of Sweepstakes Entry Period, Sponsor will make two (2) separate social media posts in relation to the Sweepstakes on the following social media accounts: one (1) on the @eBay Twitter account and one (1) on the @eBay Instagram (each a “Post” and collectively, the “Posts”). Once you see one of the Posts, you may enter the following ways (each, a “Submission”):
a) Via Twitter: To enter on Twitter.com or the Twitter mobile application, (i) follow @eBay on Twitter; and (ii) follow the instructions outlined in the Post and Tweet a reply to the Post using Your Twitter Account that states your favorite Nike collaboration and incorporates the hashtags #cherryontop and #sweepstakes to receive one (1) entry into the Sweepstakes.
b) Via Instagram: To enter on the Instagram application (collectively, with Twitter, the “Site”), (i) follow @eBay on Instagram; and (ii) follow the instructions outlined in the Post and comment on the Post using Your Instagram Account with a comment that states your favorite Nike collaboration using the hashtags #cherryontop and #sweepstakes (the “Submission”) to receive one (1) entry into the Sweepstakes.
For each Submission that You make, you will receive one (1) entry into the Sweepstakes (each, an “Entry”). Limit one (1) Entry on Twitter and one (1) Entry on Instagram per person, per account. Entries in excess of that limit will be disqualified if discovered by Sponsor. You must have a public Twitter account to enter via Twitter. If you do not have a Twitter account, and you would like to create one for free, visit www.twitter.com to sign up. You must have an Instagram account to enter via Instagram. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app to your mobile device at either the Apple® App Store or the Google® Play store. Potential winner may be required to show proof of being the authorized account holder of the Twitter account associated with the Entry. The person uploading the Entry will be deemed the entrant (the “Entrant”). If there is a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Twitter or Instagram account submitted at the time of Entry. “Authorized account holder” of a Twitter account is defined as the person who is responsible for joining Twitter and who manages the e-mail address associated with the account. “Authorized account holder” of an Instagram account is defined as the person who is responsible for joining Instagram and who manages the e-mail address associated with the account. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules may be disqualified as determined by Sponsor in its sole discretion. Entrants are subject to disqualification, if Sponsor or Administrator discovers that multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service will apply. Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method are ineligible and may be disqualified. Sponsor reserves the right to disqualify any individual and all entries using such methods.
Entry Requirements: By entering the Sweepstakes, you agree to waive any rights you may have to the Submission submitted. The Submission, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Submissions must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s or entity’s personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Submission from any source. All Submissions must be the sole, original work of the Entrants. Any Submission or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains any proprietary rights of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, as determined by Sponsor in its sole discretion, may be disqualified. Submissions should not contain any third-party materials, or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand (other than the eBay name). For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant hereby irrevocably grants to the Sponsor, and its successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Submission, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called “moral rights” they may have therein Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even it if it determined that the entrant who made the Submission is ineligible to enter the Contest.
RANDOM DRAWING: At the end of the Sweepstakes Entry Period, up to one (1) winner will be selected in a random drawing on or about October 27, 2020 from among all eligible Entries received. The random drawings will be conducted by the Administrator, whose decisions are final on all matters relating to the drawing. A potential winner will be notified by direct message using the social media account used to enter the Sweepstakes. The “Released Parties” (as defined below) shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within the time period specified in the prize notification, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor and Administrator may successively attempt to contact up to three (3) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
GRAND PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): There is one (1) “Grand Prize” The Grand Prize consists of: One (1) pair of Nike size 9 Chunky Dunky sneakers. In addition to the prize, the Sponsor will provide the verified winner with a single payment of Six Hundred and Fifty Dollars ($650), which is intended to help the winner pay any federal, state, or other tax obligations related to the prize (the “Tax Gross-Up Payment”). The Approximate Retail Value (“ARV”) of the Prize and the Tax Gross Up is: $2,650). Sneaker size may not be substituted, except at the sole discretion of the Sponsor. Prize is non-transferable and no cash redemptions substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value if featured prize becomes unavailable. Winner is responsible for all taxes on prize. No more than advertised number of prizes will be awarded. Applicable portions of the Grand Prize will be delivered only to addresses in the United States. The odds of winning the Grand Prize will depend on the number of eligible Entries received.
GENERAL: The Administrator’s computer timestamp is the official timekeeper for purposes of this Sweepstakes. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Tax Gross-Up Payment may not be sufficient to cover the winner’s tax liability related to winning the prize. The winner should consult his or her tax advisor on the proper treatment of the Tax Gross Up Payment. The winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. If you are the potential winner, you will be notified by direct message (“Winner Notification”) on Twitter to Your Twitter Account or on Instagram to Your Instagram Account (as applicable) from which you entered and will be required to follow the instructions outlined in the direct message within twenty-four (24) hours of notification attempt or prize will be forfeited and an alternate winner will be selected. Potential Grand Prize winner (or his/her parent/guardian, if potential Grand Prize winner is an eligible minor in his/her state of residence) will be required to sign and return a Declaration of Eligibility and Liability Release, and except where prohibited, publicity release and assignment of rights (“Declaration”) within twenty-four (24) hours of notification in order to be confirmed as the winner. If potential Grand Prize winner fails to return the completed Declaration within twenty-four (24) hours of Winner Notification, or if notification or prize or Declaration is returned as undeliverable, or if Entrant shall be deemed to be ineligible or otherwise not in compliance with these Official Rules, then potential Grand Prize winner will be deemed disqualified and their claim to the Grand Prize will be forfeited and an alternate potential Grand Prize winner will be randomly selected from the remaining eligible Entries and the same verification process outlined above will be followed to verify that potential winner. Sponsor will make up to three attempts to verify winner and award prize; thereafter, unclaimed prize may not be awarded.Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Grand Prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE GRAND PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
All Entrants (and any minor Entrant’s parent or legal guardian), as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor, Administrators and Related Parties, Twitter, Instagram, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of any prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prize. Winner assumes all liability for any injury or damage caused, or claimed to be caused by participation in the Sweepstakes or use or misuse or redemption of the prize. Acceptance of prize constitutes permission to use winner’s name, likeness, social media handle, Entry and Submission for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Sweepstakes. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes (each a “Sweepstakes Change”) if no entries are received during the Sweepstakes Entry Period or if the Sweepstakes cannot be completed as planned for any reason, including but not limited to an unforeseen event (“Unforeseen Event”) such as infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort, or force majeure event (including without limitation epidemic, pandemic, communicable, contagious, or infectious disease or public health quarantine that impacts the anticipated participation in the Sweepstakes). In such event, Sponsor may (a) cancel the Sweepstakes entirely, (b) award the prize from eligible Entries received prior to the Unforeseen Event resulting in the Sweepstakes Change if sufficient eligible Entries have been received (as determined in Sponsor’s sole discretion), or (c) extend the Sweepstakes Entry Period to allow time for more eligible Entries to be received. It is understood that an Unforeseen Event must take place for the Sweepstake Change to be effectuated by Sponsor and that such Sweepstakes Change is not simply at Sponsor’s option for any reason.
GOVERNING LAW, JURISDICTION AND VENUE: SPONSOR IS REGISTERED UNDER THE LAWS OF THE UNITED STATES WITH HEADQUARTERS IN CALIFORNIA. THE CALIFORNIA COURTS (STATE & FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE SAME. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND HEREBY IRREVOCABLY SUBMITS TO THE VENUE OF THOSE COURTS WITHIN CALIFORNIA.
ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant (and any Minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, and/or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Activation; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com.
WINNER: For the name of the winner, available after November 20, 2020, send a stamped, self-addressed envelope by December 20, 2020, to: eBay Dunks Giveaway – Winner, 100 Marcus Drive (Dept. DE), Melville, NY 11747.
SPONSOR/ADMINISTRATOR: The Sponsor of the Sweepstakes is eBay, Inc., 2065 Hamilton Avenue, San Jose, CA 95125. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.