This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to eBay, Inc. and not to Twitter. The information you provide will only be used in the event you are determined a Sweepstakes winner.
SWEEPSTAKES ENTRY PERIOD: The eBay x SoleSupremacy Sweepstakes (“Sweepstakes”) starts 12:01 a.m. Eastern Time (“ET”) on June 26, 2020 and ends at 11:59 p.m. ET on July 1, 2020 (“Sweepstakes Entry Period”). The entire duration of the Sweepstakes runs from June 26, 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 as of the date of entry and throughout the Entire Sweepstakes Period. Employees of eBay, Inc. (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), Daniel J. Edelman, Inc., their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively, the “Sponsor, Administrator and Related Parties”), and each of their respective employees, shareholders, directors, officers, members, assigns and agents 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: During the Sweepstakes Entry Period, @eBay will make a post in relation to the Sweepstakes (the “Post”). Once you see the Post, you may enter on Twitter.com or the Twitter application (the “Site”) by following the instructions outlined in the Post to follow @eBay and reply to the Post on Your Twitter Account with how many pairs of sneakers you currently have in your closet using the hashtags #eBaySneakerVault and #sweepstakes (the “Submission”) to receive one (1) entry into the Sweepstakes (the “Entry”). Your Submission must be uploaded in accordance with the Twitter Terms of Service (https://twitter.com/en/tos). You must have a public Twitter account to enter. If you do not have a Twitter account, and you would like to create one for free, visit www.twitter.com to sign up. Potential winner may be required to show proof of being the authorized account holder of the Twitter account associated with the Entry. Limit one (1) Entry per person/Twitter username. Entries in excess of that limit will be disqualified if discovered by Sponsor. 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 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. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules will be disqualified. Participation is subject to disqualification of all Entries, if Sponsor or Administrator discover 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 will be disqualified. Sponsor reserves the right to disqualify any individual and all entries using such methods.
Entry Requirements: By entering, you agree to waive any rights you may have to the Entry submitted. The Entry, 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. Entries 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 personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Entry from any source. All Entries must be the sole, original work of the Entrants. Any Entry 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, will not be considered and may disqualify the Entrant. Entries 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). Entrants grant to Sponsor the non-exclusive right to edit (including, without limitation, blurring or blacking out any infringing material), adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. Twitter is not affiliated with this Sweepstakes in any way and is not responsible for the administration of the Sweepstakes or the awarding of the prize. No endorsement or approval of Sweepstakes by Twitter is expressed or implied. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted on the Sponsor’s website, and may be posted on other non-affiliated websites, in Sponsor’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you understand and agree that your Submission and/or your Twitter handle and/or your name may (in Sponsor’s sole discretion), 1) be posted online for consumers to view on Sponsor’s Social Media sites or other Sponsor-selected sites; 2) be announced online and/or in social media as a potential winner; and/or 3) be distributed across social media channels. Sponsor reserves the right to remove any posted Submissions, in its sole discretion, even if the Submission has already been made available to the public.
RANDOM DRAWING: One (1) Grand Prize winner will be selected in a random drawing on or about the July 2, 2020 from among all eligible Entries received. If winner is an eligible minor, prize will be awarded in the name of his/her parent/guardian, who must sign required documents on minor’s behalf. The random drawing will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to the drawing. The odds of winning the Grand Prize will depend on the number of eligible Entries received.
PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Grand Prize (1): One (1) pair of size 11 Air Jordan 3 White Oregon sneakers and a $1,500 check made payable to the winner to be used to help offset taxes (ARV: $6,000). 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. Sneaker size cannot be changed or substituted, except at the sole discretion of the Sponsor if the originally-stated sneaker size is unavailable. Winner is responsible for all taxes on prize. Total ARV in this Sweepstakes: $6,000. No more than advertised number of prizes will be awarded.
GENERAL: The Site’s computer timestamp is the official timekeeper for purposes of this Sweepstakes. Potential Grand Prize winner will be initially notified by direct message on Twitter to Your Twitter Account 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 Grand 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 then 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 Grand Prize winner. If potential Grand Prize winner fails to return the completed Declaration within twenty-four (24) hours, 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 said 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. Winner and all Entrants, as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor, Administrators and Related Parties, Twitter, 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 of 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 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. Entries will be declared to be made by the authorized account holder of the Twitter account associated with the Entry. 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 Grand 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. As a condition of entering the Sweepstakes, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Sweepstakes, or prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs.
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 PROMOTION 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 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) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and Entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on Entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) 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 www.jamsadr.com.
WINNER: For the name of the Grand Prize winner, available after July 15, 2020, send a stamped, self-addressed envelope by August 15, 2020, to: eBay x SoleSupremacy Sweepstakes - Winner, 100 Marcus Drive (Dept. NR), 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.