By participating in this Promotion, you will be deemed to have acknowledged and agreed to comply with the following terms and conditions (the “Promotion T&Cs”):
- Only the eBay Sellers who have been invited to participate by email and/or by a message in My eBay Messages and/or see the offer in their “Promotional Offers” in “My eBay” may participate in this Promotion.
- If you participate in this Promotion, you may not participate in other eBay promotions during the Promotion Period.
- Your participation does not guarantee that you will be entitled to any Incentive under this Promotion.
- Participating eBay accounts are responsible for all its activities on eBay and remain solely liable for all risks relating thereto or arising therefrom.
- You warrant and represent to eBay that all personal information that you provide to eBay is valid and accurate and acknowledge that if there is any fraud or inaccuracy in the information provided to us, or misappropriation of third-party information, eBay has the right, amongst other things, to disqualify any or all your eBay accounts from participating in the Promotion.
- All submission times shall be based on the time logs recorded in eBay systems. eBay will not be liable for any failure or delay, inaccuracy, or incompleteness of the information caused by the participant’s error or negligence, or any other types of failure that may occur during transmission.
- eBay will not be liable for any operational, telecommunications, or technical errors or failures that may affect the participant’s ability to participate in this Promotion.
- Employees and related personnel of eBay and its subsidiaries as well as related affiliates, and their immediate family members (spouse, parents, children, siblings, and their spouses) and any individuals living with them, are restricted from participating in this Promotion.
- Incentives resulting from this Promotion cannot be transferred, redeemed, exchanged, or combined with other offers, discounts, or promotional offers.
- Where applicable, Incentives will be paid in accordance with eBay Policy and such currency exchange rate as may be adopted by eBay at that time.
- If applicable, eBay shall bear the remittance charges as may be imposed by any applicable payment service providers for remitting Incentives to you. You shall bear any charges that are imposed by such payment service provider for receiving such monies from eBay.
- eBay shall not be liable for any loss or damages arising from any inaccurate price information of any listing participating in the Promotion.
- eBay retains the right to pursue any claim for Incentive already paid to disqualified accounts at any time, or to seller accounts that do not agree to return any subsidies wrongly paid out by eBay under this Promotion.
- You acknowledge that except for the Incentives, no other fees shall be payable by eBay to you, and no revenue sharing shall accrue to you under these Promotion T&Cs.
- You shall bear your own costs and expenses relating or incidental to the operation of your eBay Accounts and/or the purchase of any services or features that you use on any eBay Site.
- You may not disclose or publicise the Confidential Information to any third party, including to any current or former eBay Sellers or Buyers.
- The restrictions under Paragraph 16) do not apply to the extent that you are required to disclose the Confidential Information (i) to your immediate family, (ii) to your attorney, accountant, auditor, tax preparer or financial advisor, or (iii) under applicable law or as otherwise required by any order of a court of competent jurisdiction. If you do disclose the Confidential Information, you must ensure the person to whom you disclose the Confidential Information is aware of, and fully complies with, the obligations under Paragraph 16) as if they were themselves subject to these Promotion T&Cs.
- The obligations under Paragraph 16 continue after the expiration or termination of the Promotion.
- This Promotion is offered pursuant to and governed by the eBay User Agreement and the terms and conditions set out therein.
- You must at all times during the Promotion Period fully meet and comply with the eBay Policies, including the eBay User Agreement, Verified Rights Owner policies, Prohibited and Restricted item policies, and eBay User Privacy Notice. The eBay Policies are incorporated into these Promotion T&Cs by reference.
- If there is any conflict, ambiguity or inconsistency between the Promotion T&Cs and the eBay Policies the eBay Policies shall take precedence.
- eBay may at any time and in its sole discretion, immediately amend or terminate the Promotion by written notice to you.
- eBay reserves the right to exclude you from the Promotion if your eBay Seller Account ever fall below the Minimum Required Seller Performance Standards.
- eBay’s decisions on all matters relating to this Promotion (including the calculation of Incentives, or choice to disqualify you from the Promotion) shall be final and binding. No correspondence or appeal relating to the same shall be entertained.
- The invitation to participate in the Promotion does not create any rights that are enforceable by any person who is not i) the eBay Seller identified in this email, ii) eBay, or iii) any of eBay’s affiliates.
- eBay cannot guarantee the continuous operation of or access to the Promotion. You acknowledge and agree that (i) participation in the Promotion is at your own risk, (ii) that the Promotion is being provided to you on an "AS IS" and "AS AVAILABLE" basis, and (iii) to the maximum extent permitted by applicable law, eBay excludes all express or implied warranties including, but not limited to, all warranties as to the merchantability, fitness for a particular purpose and non-infringement of the Promotion.
- The governing law and exclusive forum for the resolution of disputes shall be as follows:
- Where Singapore Arbitration Centre is the forum for dispute resolution, the arbitration shall i) be conducted in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Paragraph, ii) the seat of the arbitration shall be Singapore, iii) the tribunal shall consist of 1 arbitrator, iv) the language of the arbitration shall be English and v) the costs of the arbitration shall be borne equally by both Parties.
| eBay Sellers domiciled in | Applicable eBay Entity | Governing Law | Forum For Dispute Resolution |
|---|---|---|---|
| India | eBay Singapore Services Private Limited | Indian law | Singapore Arbitration Centre |
| Singapore, Thailand, Malaysia, Philippines, Indonesia, and Vietnam | eBay Marketplaces GmbH | Singapore law | Singapore Arbitration Centre |
| HIPO Region | eBay Marketplaces GmbH | Swiss law | Courts of Switzerland |