OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER OR WIN.
- Promotion Period: The eBay Sneaker Santa Promotion (the “Promotion”) begins at 12:00 p.m. Eastern Time (“ET”) on December 22, 2020 and ends at 11:59 p.m. ET on December 24, 2020 (the “Promotion Period”).
- How to Play the Instant Win Game: During the Promotion Period, using your web-enabled mobile device, visit http://ebaysantasneakerdrop.com/ (the “Site”) and complete the following steps: 1) Follow the onscreen instructions to complete all required registration information; 2) once you’ve entered your information, press “Start the drop”; 3) allow access to your web-enabled mobile device’s device motion sensors, microphone, and camera; and 4) tap your screen where indicated to drop a chimney to reveal if you are an instant winner (the “Game Play”) and receive one (1) entry into the sweepstakes random drawing (“Sweepstakes Entry”). If you are determined an Instant Winner, you will be notified on-screen. If you are participating using Apple iOS, you must use the Safari mobile browser application.
Limit five (5) Game Plays/Sweepstakes Entries per person per day. The person submitting the Game Play and/or Sweepstakes Entry will be deemed the entrant (the “Entrant”). Normal Internet access, phone/usage charges imposed by your on-line/phone service provider will apply. Participation is subject to disqualification of all Game Plays/Sweepstakes Entries, if multiple accounts are used by the same person. All Game Plays/Sweepstakes Entries become property of the Sponsor.
Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. Tampering with the entry process or the operation of the Promotion, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted a Sweepstakes Entry cannot be resolved to Sponsor’s satisfaction, the affected Sweepstakes Entry will be deemed ineligible. Sponsor shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the Sweepstakes Entries in the Promotion. Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Sweepstakes Entries.
- Eligibility: Open to legal residents of the 50 United States and the District of Columbia, 18 years of age and older as of date of participation, who possess a web-enabled mobile device as of December 21, 2020. Officers, directors and employees of eBay, Inc. (the “Sponsor”), Don Jagoda Associates, Inc. (the “Administrator”), Daniel J. Edelman, Inc. and each of their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies (all such individuals and entities collectively “Released Parties”) and the immediate family members or persons living in the same household of each, are not eligible to participate or win. Void where prohibited or restricted by law.
Daily Instant Win Prizes Sneaker Size Quantity ARV Date Instant Win Prize will be Awarded Odds
One (1) pair of Adidas Yeezy 350 V2 Beluga and a $375 check made payable to the winner to be used to help offset taxes 9 1 $1,494 December 22, 2020 1:2,778
One (1) pair of Air Jordan 1 Travis Scott sneakers and a $650 check made payable to the winner to be used to help offset taxes 8 1 $2,600 December 22, 2020 1:2,778
One (1) pair of Air Jordan 3 Cement 2011 sneakers 9 1 $475 December 22, 2020 1:2,778
One (1) pair of Nike LDWaffle Sacai Green Gusto sneakers and a $250 check made payable to the winner to be used to help offset taxes 5 1 $1,000 December 22, 2020 1:2,778
One (1) pair of Nike Lebron 8 South Beach sneakers and a $350 check made payable to the winner to be used to help offset taxes 8 1 $1,430 December 22, 2020 1:2,778
One (1) pair of Nike Air Max 97 Sean Wotherspoon sneakers and a $475 check made payable to the winner to be used to help offset taxes 6 1 $1,915 December 22, 2020 1:2,778
One (1) pair of Air Jordan 4 Off-White Sail sneakers and a $450 check made payable to the winner to be used to help offset taxes 9W 1 $1,789 December 23, 2020 1:2,778
One (1) pair of Air Jordan 1 Mid Fearless Melody Ehsani sneakers and a $450 check made payable to the winner to be used to help offset taxes 9W 1 $1,785 December 23, 2020 1:2,778
One (1) pair of Air Jordan 12 OVO sneakers and a $350 check made payable to the winner to be used to help offset taxes 8 1 $1,425 December 23, 2020 1:2,778
One (1) pair of Air Jordan 4 Union Guava Ice sneakers and a $350 check made payable to the winner to be used to help offset taxes 9 1 $1,375 December 23, 2020 1:2,778
One (1) pair of Vans Sk8 Hi Damien Hirst sneakers 10 1 $515 December 23, 2020 1:2,778
One (1) pair of Nike SB Dunk Low Yellow Bear sneakers and a $400 check made payable to the winner to be used to help offset taxes 8 1 $1,625 December 23, 2020 1:2,778
One (1) pair of Adidas Yeezy 750 Wave Runner sneakers 8.5 1 $579 December 24, 2020 1:2,778
One (1) pair of Air Jordan 1 JBalvin sneakers and a $350 check made payable to the winner to be used to help offset taxes 11 1 $1,369 December 24, 2020 1:2,778
One (1) pair of New Balance 992 Joe Fresh Goods sneakers and a $450 check made payable to the winner to be used to help offset taxes 9 1 $1,789 December 24, 2020 1:2,778
One (1) pair of Nike Air Max 1 Atmos Elephant sneakers and a $350 check made payable to the winner to be used to help offset taxes 7 1 $1,375 December 24, 2020 1:2,778
One (1) pair of Nike Air More Uptempo Supreme sneakers 11 1 $599 December 24, 2020 1:2,778
One (1) pair of Nike Cactus Plant Air Vapormax sneakers 9W 1 $599 December 24, 2020 1:2,778
- Sweepstakes Random Drawing: The Sweepstakes Grand Prize winner will be selected in a random drawing on or about January 5, 2021, from among all eligible Sweepstakes Entries received. The random drawing will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to the Promotion. The odds of winning the Sweepstakes Grand Prize will depend on the number of eligible Sweepstakes Entries received.
- Sweepstakes Grand Prize and Approximate Retail Value (“ARV”): Grand Prize (1): One (1) pair of Air Jordan 1 Off-White Chicago size 10 sneakers and a $2,300 check made payable to the winner to be used to help offset taxes (ARV: $9,255). All applicable federal, state and local taxes are the sole responsibility of the Grand Prize Winner.
- Instant Win Prizes, ARVs and Approximate Odds of Winning:
a. Overall Instant Win Prize (500 total): A $200 eBay electronic gift card to be used towards purchase of the sneakers of one’s choice.
b. Daily Instant Win Prizes (19 total – as broken out below):
Limit one (1) Instant Win Prize per person per day. Gift cards subject to restrictions and expiration dates may apply. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prizes are nontransferable and no cash substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value if advertised prize is unavailable for any reason. Total ARV of all prizes awarded in the Promotion is $32,993.00.
- Verification: All winners are subject to verification of eligibility. All material submitted becomes the sole property of the Sponsor and will not be returned. If, due to an error of any kind, more winning names are determined as instant winners, or more instant win prizes are claimed than are intended to be awarded according to Rule #6, the intended Instant Win Prizes will be awarded in a random drawing from among all verified Instant Win Prize claims received, as described above. In no event will the Sponsor be obligated to award more than the stated number of prizes. The Released Parties assume no responsibility for any injury or damage to participants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Promotion.
- General Rules: The Administrator’s computer timestamp is the official timekeeper for purposes of this Promotion. 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 Promotion 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 check to help offset taxes 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 check. 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 email (“Winner Notification”). Potential winners of prizes valued at $600 or more (or winner’s parent/guardian, if potential 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 (“Declaration”) within twenty-four (24) hours of notification in order to be confirmed as the winner. If potential 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 winner will be deemed disqualified and their claim to the prize will be forfeited and (for the Grand Prize only) an alternate potential Grand Prize winner will be randomly selected from the remaining eligible Sweepstakes Entries and the same verification process outlined above will be followed to verify that potential winner. Potential Daily Instant Win Prizes winners of prizes valued at $599 or less will be notified via email and will be required to provide his/her mailing address and verify his/her eligibility within twenty-four (24) hours of Winner Notification or the applicable Daily Instant Win Prize will be forfeited. Overall Instant Win Prize winners will be automatically sent their prize via email to the email address provided at the time of Game Play within four (4) to six (6) weeks after the conclusion of the Promotion Period. Unclaimed Instant Win Prizes will not be awarded.
All Entrants (and any minor Entrant’s parent or legal guardian), as a condition of entry into the Promotion, agree to release and hold harmless 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 a Game Play/Sweepstakes Entry or otherwise participating in any aspect of the Promotion, 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 Promotion or use or misuse or redemption of the prize. Acceptance of prize constitutes permission to use winner’s name and likeness 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 Promotion; 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 Promotion which may limit the ability to participate, or by any human error which may occur in the processing of the Game Plays/Sweepstakes Entries in the Promotion. Game Plays/Sweepstakes Entries generated by script or bot are not eligible. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter, if applicable, will be deemed to be the Entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to cancel, terminate or modify the Promotion (each a “Promotion Change”) if no entries are received during the Promotion Period or if the Promotion 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 Promotion). In such event, Sponsor may (a) cancel the Promotion entirely, (b) award the Sweepstakes Grand from eligible Sweepstakes Entries received prior to the Unforeseen Event resulting in the Promotion Change if sufficient eligible Sweepstakes Entries have been received (as determined in Sponsor’s sole discretion) and award all Instant Win Prizes claimed from among all eligible Game Plays received prior to cancellation, or (c) extend the Promotion Period to allow time for more eligible Game Plays/Sweepstakes Entries to be received. It is understood that an Unforeseen Event must take place for the Promotion Change to be effectuated by Sponsor and that such Promotion Change is not simply at Sponsor’s option for any reason.
- GOVERNING LAW, JURISDICTION AND VENUE: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
- ARBITRATION PROVISION: By participating in this Promotion, 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 Promotion, 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 www.jamsadr.com.
- Winners List: For the names of the winners, available after January 4, 2021, send a stamped, self-addressed envelope by February 4, 2021, to: eBay Sneaker Santa Promotion Winners, 100 Marcus Drive, Attn: DE, Melville, NY 11747.
- Sponsor/Administrator: The Sponsor of the Promotion is eBay, Inc., 2065 Hamilton Avenue, San Jose, CA 95125. The Administrator of the Promotion is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.