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Buyers' Terms and Conditions

Sellers' Terms and Conditions


"PayPal Winter Windfall Promotion"
TERMS AND CONDITIONS (Buyers)

No Purchase, Bid or Obligation Necessary to Enter or Win
Open to Residents of the United Kingdom, 18 Years of Age or Older.
Void where prohibited by law.

1) How to Enter: The PayPal promotion for buyers on eBay.co.uk entitled "Winter Windfall" ("Buyer Sweepstakes") begins at 00:00:01 BST on 23 October 2003 and ends at 23:59:59 GMT on 25 December 2003 ("Entry Period"). There are two ways to enter. [1] To enter online: You will be entered into the Buyer Sweepstakes when you complete the following: (A) Place a bid on any item on eBay.co.uk, (B) Win the listing in which you bid, (C) Pay for your item using PayPal. [2] TO ENTER BY POST WITHOUT BIDDING OR PURCHASING AN ITEM: print on a 3"x 5" card, your name, address, postcode, email address, eBay user ID (optional) and on the outside of the envelope, indicate the subsequent day during the Buyer Sweepstakes for which you want to enter, and mail to: "Winter Windfall", Dept B, P.O. Box 540, Crawley, West Sussex RH11 7YS. For the first draw, mail-in entries must be postmarked by 25 November 2003 and received by 3 December 2003. For the second draw, mail-in entries must be postmarked by 25 December 2003 and received by 4 January 2004. PayPal Inc ("Sponsor") is not responsible for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, illegible entries or postage-due mail. Limit one entry per envelope. No mechanical reproductions of entries or entries generated by script, macro or other automated means permitted. Limit one entry per eligible person per day, regardless of entry method. All entries become the property of Sponsor and are subject to the terms set forth in Sponsor's privacy policy available at PayPal.com and in these terms and conditions.

2 A) Daily Draw: Potential daily prize winners will be determined in two random draws, from among all eligible entries received (transactions and mail-ins) for each day throughout the entire Entry Period. First draw will include entries from 23 October 2003 until 25 November 2003 and will occur on or about 3 December 2003. Second draw will include entries from 26 November 2003 until 25 December 2003 and will occur on or about 5 January 2004. Draws will be conducted under the direction of Marden-Kane, Inc., an independent judging organisation whose decisions are final in all matters relating to the Sweepstakes. One winner will be selected for each day of the promotion. Only one prize per person, email address or household.

B) Grand Prizes: Grand Prize winners will be determined in two random draws, from among all eligible entries received (transactions and mail-ins). First draw will include entries from 23 October 2003 until 25 November 2003 and will occur on or about 3 December 2003. Second draw will include entries from 26 November 2003 until 25 December 2003 and will occur on or about 5 January 2004. Draws will be conducted under the direction of Marden-Kane, Inc., an independent judging organisation whose decisions are final in all matters relating to the Buyer Sweepstakes. One winner will be selected for each draw period of the promotion. All entrants are eligible to win a grand prize. Only one prize per person, email address or household.

3) Prizes: Two (2) Grand Prizes awarded: £10,000 (ten thousand Pounds Sterling). The £10,000 will be deposited in the winner's PayPal account. If the winner does not have a PayPal account, Sponsor will assist the winner in setting up a PayPal account. If the winner does not wish to have the £10,000 deposited in the PayPal account, the Sponsor will send them a cheque for £10,000 upon request. Prizes will be awarded on or about 18 January 2004. Sixty-four (64) Daily Prizes (one prize awarded per day): Winners will receive the cash amount equivalent to the final selling price of the item purchased (excluding postage and packing charges, insurance, VAT where applicable or any other charges). The maximum prize amount awarded will be £1,000. The total winning amount will be deposited in Pounds Sterling to the winner's PayPal account. If the winner does not have a PayPal account, the Sponsor will assist the winner in setting up a PayPal account. If the winner does not wish to have their prize deposited in a PayPal account, the Sponsor will send them a cheque for the total prize amount upon request. If a mail-in entrant is a daily winner, the prize amount awarded will be £1,000 awarded in the form of a cheque. Approximate Retail Value of all prizes: £84,000. Odds of winning depend on the total amount of eligible entries received for the applicable draw.

4) Notification: Marden-Kane will notify potential winners by mail or email. The Grand Prize winners will be required to sign, where legal, an affidavit of eligibility, consent to publicity and liability waiver ("Eligibility Forms"), and will be required to return the Eligibility Forms, properly completed, within fourteen (14) days of receipt. Failure to sign and return the Eligibility Forms within fourteen (14) days will result in disqualification of entry and (an) alternative winner(s) will be selected. Winners will be responsible for payment of any tax or other fees that may be payable by them in accordance with any applicable statutes and other laws and regulations. The Sponsor will not be liable in this respect. If the prize or prize notification is unclaimed or returned as undeliverable, or if a winner fails to properly sign and return the Eligibility Forms, the prize will be forfeited and awarded to an alternative winner. By entering this Buyer Sweepstakes and/or accepting a prize, all entrants consent to the use of their names, likenesses, photographs, and/or city/town for advertising and promotional purposes in all media (including and without limitation, the Internet) as determined by the Sponsor without additional compensation, except where prohibited by law. If an entrant changes his/her email address and/or street address after he/she enters it is his/her responsibility to notify the Sponsor by (postal) mailing notice to the Buyer Sweepstakes Administrator address (listed below) to be received by the end of the Entry Period.

5) Eligibility: Buyer Sweepstakes is open to all United Kingdom residents, 18 years or older whose PayPal and eBay accounts (where applicable) are in good standing throughout the Entry Period. Employees of PayPal Inc, PayPal Europe Limited, eBay Inc., eBay International A.G. and their respective subsidiaries, affiliates, advertising and promotion agencies, including Marden-Kane, Inc., and their immediate families (spouse, parents, children, siblings and their respective spouses) and individuals living in the same household as such employees are ineligible to win. Void where prohibited by law. This Buyer Sweepstakes is subject to all laws and regulations applicable to the UK.

6) Limitation of Liability: By participating in the Buyer Sweepstakes, entrants agree to comply with these terms and conditions and the decisions of the judges and release, indemnify and hold harmless the Sponsor, Marden-Kane, Inc., and each of their parents, affiliates, subsidiaries, prize suppliers, advertising and promotion agencies, and all of their respective agents, representatives, officers, directors, shareholders and employees (collectively, "Releasees") from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from participation in the Buyer Sweepstakes or acceptance, possession, use, misuse or nonuse of the prize that may be awarded (including any travel or activities related hereto). Winners agree to accept the prize "as is", and entrants hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in relation to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Nothing in these terms and conditions shall exclude or limit liability for death or personal injury resulting from the negligence of the Releasees. Releasees are not responsible for printing or typographical errors in any Buyer Sweepstakes related materials; or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this Buyer Sweepstakes, or process any transaction on such website. If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Buyer Sweepstakes, or if computer virus, bugs, unauthorised intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Buyer Sweepstakes, the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, modify or suspend the Buyer Sweepstakes, or to terminate the Buyer Sweepstakes and conduct a random draw to award the remaining prizes using all eligible, non-suspect entries received as of the action requiring such termination. Any attempt by an entrant or any other individual to deliberately damage any website associated with this Buyer Sweepstakes or undermine the legitimate operation of the Buyer Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any web site associated with this Buyer Sweepstakes via a bot script or other brute force attack or any other unauthorised means will result in the IP address becoming ineligible. Use of automated entry devices, or sweepstakes entry services or programs is prohibited. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorised subscriber of the email account used to enter the Buyer Sweepstakes at the actual time of registration will be deemed to be the entrant and must comply with these rules. The authorised account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organisation which is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be required to provide the Administrator with proof that the potential winner is the authorised account holder of the email address associated with the potentially winning entry.

7) Winner's List: For the names of the winners, send a self-addressed, stamped envelope to: "Winter Windfall" Winners, Dept B, P.O. Box 540, Crawley, West Sussex RH11 7YS. Requests must be received by 2 March 2004.

8) Sponsor: The Sponsor of this Buyer Sweepstakes is PayPal Inc., P.O. Box 7022 Mountain View, CA 94039. Administrator: Marden-Kane, Inc. 36 Maple Place, Manhasset, NY 11030. © 2003 Marden-Kane, Inc.

9) Other documents: In the event of any inconsistency between these terms and conditions and any FAQs or other documents related to the Buyer Sweepstakes, these terms and conditions shall take precedence.


"PayPal Winter Windfall Promotion"
TERMS AND CONDITIONS (Sellers)

No Purchase, Bid or Obligation Necessary to Enter or Win
Open to Residents of the United Kingdom, 18 Years of Age or Older.
Void where prohibited by law.

1) How to Enter: The PayPal promotion for sellers on eBay.co.uk entitled "Winter Windfall" ("Seller Sweepstakes") begins at 00:00:01 BST on 23 October 2003 and ends at 23:59:59 GMT on 25 December 2003 ("Entry Period"). There are two ways to enter. [1] To enter online: You will be entered into the Seller Sweepstakes when the following conditions are satisfied: (A) You list an item for sale on eBay.co.uk, (B) you identify PayPal as a method of payment in the "sell your item" form on eBay.co.uk, and (C) The winning bidder pays for their item using PayPal. [2] To enter by post: (without the need to satisfy the conditions for online entry) print on a 3"x 5" card, your name, address, postcode, email address, eBay user ID (optional) and on the outside of the envelope, indicate the subsequent day during the Seller Sweepstakes for which you want to enter, and mail to: "Winter Windfall" Dept S, P.O. Box 540, Crawley, West Sussex RH11 7YS. For the first draw, mail-in entries must be postmarked by 25 November 2003 and received by 3 December 2003. For the second draw, mail-in entries must be postmarked by 25 December 2003 and received by 4 January 2004. PayPal Inc. ("Sponsor") is not responsible for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, illegible entries or postage due mail. Limit one entry per envelope. No mechanical reproductions of entries or entries generated by script, macro or other automated means permitted. Limit 1 entry per eligible person per day, regardless of entry method. All entries become the property of Sponsor and are subject to the terms set forth in Sponsor's privacy policy available at PayPal.com and these terms and conditions.

2 A) Daily Draw: Potential daily prize winners will be determined in two random draws, from among all eligible entries received (transactions and mail-ins) for each day throughout the entire Entry Period. First draw will include entries from 23 October 2003 until 25 November 2003 and will occur on or about 3 December 2003. Second draw will include entries from 26 November 2003 until 25 December 2003 and will occur on or about 5 January 2004. Draws will be conducted under the direction of Marden-Kane, Inc., an independent judging organisation whose decisions are final in all matters relating to the Sweepstakes. One winner will be selected for each day of the promotion. Only one prize per person, email address or household.
B) Grand Prizes: Grand Prize winners will be determined in two random draws, from among all eligible entries received (transactions and mail-ins). First draw will include entries from 23 October 2003 until 25 November 2003 and will occur on or about 3 December 2003. Second draw will include entries from 26 November 2003 until 25 December 2003 and will occur on or about 5 January 2004. Draws will be conducted under the direction of Marden-Kane, Inc., an independent judging organisation whose decisions are final in all matters relating to the Seller Sweepstakes. One winner will be selected for each drawing period of the promotion. All entrants are eligible to win a grand prize. Only one prize per person, email address or household.

3) Prizes: Two (2) Grand Prizes awarded: £10,000 (ten thousand Pounds Sterling). The £10,000 will be deposited in the winner's PayPal account. If the winner does not have a PayPal account, the Sponsor will assist the winner in setting up a PayPal account. If the winner does not wish to have the £10,000 deposited in a PayPal account, the Sponsor will send them a cheque for £10,000 upon request. Prizes will be awarded on or about 18 January 2004. Sixty-four (64) Daily Prizes (one prize awarded per day): Winners will receive the cash amount equivalent to the final selling price of the item purchased (excluding postage and packing charges, insurance, VAT where applicable or any other charges). The prize amount awarded will not to exceed £1,000. The total winning amount will be deposited in Pounds Sterling to the winner's PayPal account. If the winner does not have a PayPal account, Sponsor will assist the winner in setting up a PayPal account. If the winner does not wish to have their prize deposited in a PayPal account, the Sponsor will send them a cheque for the total prize amount upon request. If a mail-in entrant is a daily winner, the prize amount awarded will be £1,000 awarded in the form of a cheque. Approximate Cash Value of all prizes: £84,000. Odds of winning depend on the total amount of eligible entries received for the applicable draw.

4) Notification: Marden-Kane will notify potential winners by mail or email. The Grand Prize winners will be required to sign, where legal, an affidavit of eligibility, consent to publicity and liability waiver ("Eligibility Forms"), and will be required to return the Eligibility Forms, properly completed, within fourteen (14) days of receipt. Failure to sign and return the Eligibility Forms within fourteen (14) days will result in disqualification of entry and (an) alternative winner(s) will be selected. Winners will be responsible for payment of any tax or other fees that may be payable by them in accordance with any applicable statutes and other laws and regulations. Sponsor will not be liable in this respect. If the prize or prize notification is unclaimed or returned as undeliverable, or if a winner fails to properly sign and return the Eligibility Forms, the prize will be forfeited and awarded to an alternative winner. By entering this Seller Sweepstakes and/or accepting a prize, all entrants consent to the use of their names, likenesses, photographs, and/or city/town for advertising and promotional purposes in all media (including and without limitation, the Internet) as determined by the Sponsor without additional compensation, except where prohibited by law. If an entrant changes his/her email address and/or street address after he/she enters it is his/her responsibility to notify the Sponsor by (postal) mailing notice to the Seller Sweepstakes Administrator address (listed below) to be received by the end of the Entry Period.

5) Eligibility: Seller Sweepstakes is open to all United Kingdom residents, 18 years or older whose PayPal and eBay accounts (where applicable) are in good standing throughout the Entry Period. Employees of PayPal Inc, PayPal Europe Limited, eBay Inc., eBay International A.G. and their respective subsidiaries, affiliates, advertising and promotion agencies, including Marden-Kane, Inc., and their immediate families (spouse, parents, children, siblings and their respective spouses) and individuals living in the same household as such employees are ineligible to win. Void where prohibited by law. This Seller Sweepstakes is subject to all laws and regulations applicable to the UK.

6) Limitation of Liability: By participating in the Seller Sweepstakes, entrants agree to comply with these terms and conditions and the decisions of the judges and release, indemnify and hold harmless the Sponsor, Marden-Kane, Inc., and each of their parents, affiliates, subsidiaries, prize suppliers, advertising and promotion agencies, and all of their respective agents, representatives, officers, directors, shareholders and employees (collectively, "Releasees") from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from participation in the Seller Sweepstakes or acceptance, possession, use, misuse or nonuse of the prize that may be awarded (including any travel or activities related hereto). Winners agree to accept the prize "as is", and entrants hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Nothing in these terms and conditions shall exclude or limit liability for death or personal injury resulting from the negligence of the Releasees. Releasees are not responsible for printing or typographical errors in any Seller Sweepstakes related materials; or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any website associated with this Seller Sweepstakes, or process any transaction on such website. If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Seller Sweepstakes, or if computer virus, bugs, unauthorised intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Seller Sweepstakes, the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, modify or suspend the Seller Sweepstakes, or to terminate the Seller Sweepstakes and conduct a random drawing to award the remaining prizes using all eligible, non-suspect entries received as of the action requiring such termination. Any attempt by an entrant or any other individual to deliberately damage any website associated with this Seller Sweepstakes or undermine the legitimate operation of the Seller Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any web site associated with this Seller Sweepstakes via a bot script or other brute force attack or any other unauthorised means will result in the IP address becoming ineligible. Use of automated entry devices, or sweepstakes entry services or programs is prohibited. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorised subscriber of the email account used to enter the Seller Sweepstakes at the actual time of registration will be deemed to be the entrant and must comply with these rules. Authorised account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organisation which is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be required to provide the Administrator with proof that the potential winner is the authorised account holder of the email address associated with the potentially winning entry.

7) Winner's List: For the names of the winners, send a self-addressed, stamped envelope to: "Winter Windfall" Winners, Dept S, P.O. Box 540 Crawley, West Sussex RH11 7YS. Requests must be received by 2 March 2004.

8) Sponsor: The Sponsor of this Seller Sweepstakes is PayPal Inc., P.O. Box 7022 Mountain View, CA 94039. Administrator: Marden-Kane, Inc. 36 Maple Place, Manhasset, NY 11030. © 2003 Marden-Kane, Inc.

9) Other documents: In the event of any inconsistency between these terms and conditions and any FAQs or other documents related to the Seller Sweepstakes, these terms and conditions shall take precedence.


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