eBay Open 2024 Instagram Sweepstakes Official Rules

As always, your participation in this contest is optional. By participating in this giveaway, you also acknowledge that the information collected will be used by eBay, Inc. for prize fulfillment. If you are selected to win a prize, your information will be shared with On Your Mark Graphics for prize fulfillment. Please visit our Privacy Center for additional information about eBay’s privacy policies and practices.

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST post on Instagram promoting your planned attendance of eBay Open 2024, tagging @eBayforSellers and #eBayOpen2024. You must also be registered for eBay Open 2024 to qualify. 50 posts will be randomly selected to win eBay swag.

1. Eligibility: The eBay Open 2024 Instagram Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years or older at the time of entry, have an eBay Seller ID at the time of entry, and who have registered for eBay Open 2024 (the “Event”). Please remember that as an eBay seller you have agreed to the User Agreement. Employees of eBay Inc. and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes the entrant's full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: eBay Inc., 2025 Hamilton Avenue, San Jose, CA 95125. Administrator: same.

3. Sweepstakes Entry Period: The Sweepstakes begins at 09:00:01 AM Pacific Time (“PT”) on Thursday, September 19, 2024 and ends as of 11:59:59 PM PT on Tuesday, September 24, 2024 (“Entry Period”).

4. How to Enter: There is one (1) way to enter.

Instagram Entry: During the Sweepstakes Entry Period, registrants for eBay Open 2024 (the “Event”) must be logged into his/her Instagram account, post a picture promoting registration for the the Event, tag the @ebayforsellers Instagram account, and use hashtag #eBayOpen2024 in the post caption (the “Instagram Post”) to receive one (1) entry into the Sweepstakes (“Entry”). An asset will be provided for the Instagram Post, or you may create your own. Additionally, you must be registered for eBay Open 2024 before the contest ends to be eligible. Entrant’s Instagram settings must be public through at least October 4, 2024 in order to be notified in the event he/she is a potential winner. Entries uploaded from “private” Instagram accounts will not be eligible. By submitting an Entry, entrants agree to Instagram’s Terms of Use. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Meta Platforms, Inc. If posting via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Instagram is free to download and available for iPhone from the Apple Application Store and for Android from the Google Play Store.

Sponsor may not receive entries from Instagram users with “protected” accounts or profiles that are not public (i.e. user has set the account so that only people the user has approved can view updates). Instagram Posts not received by the Sponsor will not be entered into the Sweepstakes. Multiple participants are not permitted to share the same email address or Instagram account. Incomplete entries will not be accepted and are void.

There is a limit of one (1) Entry per person.

Once an Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.

Any attempt by any entrant to obtain more than one entry by using multiple/different email accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Event registration and attendance. Each potential winner may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms all of which will be void.

Sweepstakes Entry Requirements & Conditions: All Entries must comply with the following minimum guidelines to be eligible:

Entrant must be a registered user of Instagram to submit an Entry and must comply with Instagram’s Terms of Use in order to enter the Sweepstakes.
Entry cannot contain content that is irrelevant to the purpose of the Sweepstakes.
Entry cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
Entry cannot be violent or promote firearms/weapons.
Entry cannot promote alcohol, illegal drugs or tobacco.
Entry cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
Entry cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
Entry cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and Instagram wish to associate.
Entry cannot depict illegal activity and cannot itself be in violation of any law.

By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities without compensation, permission or notification.

5. Random Drawings: Administrator’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select 50 Instagram Posts submitted by Entrants, on or around June 11, 2024.

6. Winner Notification: Potential prize winners will be notified by Sponsor via direct message to his/her public Instagram account (the “Initial Notification”) on or about June 11, 2024. . Sponsor will ask the winners to provide his/her name, email address, mailing address, and Seller ID to confirm eligibility and for prize fulfillment purposes within 1 day of the date notice or attempted notice is sent in order to claim the prize.Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor may, but is not required to, award the applicable prize to the next submitted survey respondent. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s). Prizes will be awarded within 10 weeks of conclusion of the Sweepstakes.

7. Prizes/Approximate Retail Value (“ARV”)/Odds: There are fifty (50) prizes for the Sweepstakes. Each Prize shall consist of eBay swag.

Approximate Retail Value of each Prize: $50.

Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received for the applicable Sweepstakes during the Entry Period.

8. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, eBay user and/or Store name, prize information, likeness, survey entries, photograph (including, without limitation, winner's eBay profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in Santa Clara County, California or the California State Court located in Santa Clara County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant 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.

13. Entrant's Personal Information: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, including Administrator, for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Information collected from entrants is subject to what is outlined above and Sponsor’s Privacy Policy https://www.ebayinc.com/company/privacy-center/.