Terms and Conditions
1. The Inaugural Innovate Widget Competition (“Promotion”) is open to any individual over the age of 18 that has registered with an eBay website and who has also registered with the innovate.ebay.co.uk website (“Innovate Website”), except for any employees (and their families) of eBay Inc. or eBay International A.G., their affiliates or subsidiary companies ("eBay"), any representatives or agents of those companies and anyone else who may be professionally involved with the Promotion. eBay reserves the right to verify the eligibility of entrants.
2. The Promotion begins at 00:00:01 BST on 16 June 2007 and finishes at 23:59:59 BST on 30 July 2007 ("Promotional Period").
3. To enter the Promotion and to be eligible to win a prize: during the Promotional Period entrants must (i) go to the ‘Competitions’ tab on the Innovate Website; and (ii) click on the Promotion entry form link on the competition page, and sign in if they have not already done so; and (iii) submit their ‘Widget’ entry. For the purposes of this Promotion, a ‘Widget’ shall mean a distributable lightweight piece of code that provides eBay functionality on (i) third party websites including without limitation iGoogle, Wordpress, Netvibes, and (ii) operating systems including without limitation Vista gadgets, OS X Dashboard, and (iii) third party widget platforms including without limitation widgetbox and yahoo widgets. For the avoidance of doubt, (a) if an entrants’ Widget entry is a webservice or an application programming interface 3 (“API 3”), then the entrant must submit a URL to the website where their Widget is located, and (b) if the entrants’ Widget entry is either a downloadable piece of code or software or a website (a “Tool”), then eBay will need to validate the Tool so that it can be put onto the eBay website. Each Widget entry that an entrant submits must be available for download and must be fully functional during the Promotional Period.
4. Entrants may submit an unlimited number of Widget entries during the Promotional Period.
5. A panel of independent judges will select the best Widget entry from all the valid Widget entries submitted during the Promotional Period. When determining the winners, the judges will take into account the functionality, quality as well as design of each Widget. The winners of the top three Widget entries will win the First, Second and Third Prizes (detailed in point 7 below). The panel’s decision is final and no further correspondence will be entered into.
6. In addition to the panel selecting the winners of the First, Second and Third Prizes, during the period from 30 July 2007 and until the end of 13 August 2007 inclusive, users that have registered with the Innovate Website (the “Community”) will be able to vote for the winner of the Community Prize (detailed in point 7 below). The Community shall vote for their best Widget entry from all valid Widget entries submitted during the Promotional Period.
7. The prizes (“Prizes”): Entrants to the Promotion are eligible to win the following prizes: (i) The first prize is a Sony Playstation 3 (“First Prize”); and (ii) The second prize is an 80GB iPod (“Second Prize”); and (iii) The third prize is an 8GB iPod nano; and (iv) The prize to be awarded by eBay on behalf of the Community to the winner is an 1GB iPod shuffle (“Community Prize”).
8. Entrants may only win one Prize per entrant and the Prizes are non-transferable. Cash alternatives are also not available.
9. eBay or the Prize providers reserve the right to add additional terms and conditions for the Prizes awarded as a part of this Promotion.
10. Winners will be notified by email to the email address provided to eBay within ten working days of the end of the Promotion Period. The Prizes will be sent to each winner within thirty days of the end of the Promotional Period.
11. Entrants shall be responsible for ensuring that the contact details associated with their entry is up to date and accurate so they can be contacted if they win. If eBay or its authorised agents are not able to contact the winner by midnight 14 days after the first attempted notification, an alternative winner will be selected at random and the original winner's entitlement will lapse.
12. eBay may also ask winners to provide proof of their age and or country of residence.
13. A full list of prizes and winners’ names and counties will be available for two months after the end of the Promotional Period on the prize page at http://innovate.ebay.co.uk/competitions/show/2-inaugural-innovate-widget-contest or by sending a stamped, self addressed envelope (SSAE) to Innovate, eBay UK Ltd, PO BOX 659, London, TW9 1TX
14. If eBay has suspicions or knowledge that any entrant has been involved in any fraudulent or illegal activity, eBay reserves the right to disqualify that entrant and any related entrants.
15. eBay may also disqualify any entrant that does not act in accordance with these terms and conditions or eBay's rules and policies.
16. Entries and or prizes may be withdrawn by eBay from people using the Promotion in a way in which eBay deems inappropriate at its sole discretion.
17. In the event of circumstances arising outside of eBay's control, which in eBay's opinion make it necessary to suspend, change or cancel the Promotion, eBay reserves the right to suspend, change or cancel the Promotion at any time. This includes the ability to substitute any Prizes of equivalent value, change the specification of the Prizes if circumstances require it or change the entry methods.
18. English Law governs this Promotion. By entering, entrants agree to be bound by these terms and conditions and the eBay.co.uk User Agreement including without limitation Clauses 7.1, 7.2 and 7.3. The definition of "Your Information" in Clause 7.1 includes any information or content the entrant provides to eBay for the purposes of the Promotion.
19. Any information or content that each entrant provides eBay when entering the Promotion including without limitation their Widget entry and any related content shall not be false, inaccurate, misleading, offensive, profane or defamatory content and the content shall not damage eBay or any eBay website in any way.
20. On providing eBay with the content as detailed above in clause 19, each entrant grants eBay a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights the entrant has in the content they have provided eBay, in any media known now or in the future. In addition, the entrant shall waive all moral rights they may have in the content to the fullest extent permitted by law. (eBay needs these rights to host and display entrants’ content.)
21. eBay shall not be liable, in contract or tort (including negligence) or the breach of statutory duty or in any other way, for the loss or damage howsoever arising suffered by the entrant resulting directly or indirectly from entry to this Promotion. Nothing in these terms shall limit eBay's liability for death, personal injury or fraud.
22. By entering the Promotion, winners irrevocably grant eBay permission to use his or her name, likeness, biographical and eBay related information for advertising, promotional or publicity purposes, including on the prize winners page at http://innovate.ebay.co.uk/competitions/show/2-inaugural-innovate-widget-contest. The winners may also be required to sign a Publicity Release Form.
23. eBay does not accept, and is not responsible for, any lost or delayed entries. eBay reminds entrants of the nature and limitations of the Internet and is not responsible for any problems or technical malfunctions of any communications network, online system or computer hardware or software that may affect entry to the Promotion or receipt of Prizes.
24. Although eBay will use reasonable efforts to ensure that all information relating to the Promotion ("Promotional Material") is accurate, eBay is not responsible for any problems or technical malfunctions of any communications network, online system or computer hardware or software failure that may affect eBay's operation of the Promotion, the Innovate Website or any eBay website, including without limitation the accuracy of any Promotional Material.
25. eBay may use third parties to facilitate one or more elements of this Promotion and may provide some of the entrants’ personally identifiable information to them. These third party service providers are subject to confidentiality agreements with eBay and other legal restrictions that prohibit the use of the information eBay provide them for any other purpose except to facilitate the specific outsourced eBay related operation. See the Privacy Policy for further information.
26. eBay International A.G. of Helvetiastrasse 15/17, 3005 Bern, Switzerland is the organiser of this Promotion.