1) This Promotion is based on the following Terms and Conditions (“Terms”). Please read these Terms before entering the Promotion. Entrants who participate in the Promotion will be considered to have agreed and accepted to these Terms. All entry instructions and prize information published by eBay form part of these Terms. Entries must comply with these Terms to be valid.
When do entries start and close?2) The Promotion commences at 10:00am (AEST) on 25 August 2020 and closes at 11.59pm (AEST) on 28 August 2020 (“Promotion Period”).
1) This Promotion is based on the following Terms and Conditions (“Terms”). Please read these Terms before entering the Promotion. Entrants who participate in the Promotion will be considered to have agreed and accepted to these Terms. All entry instructions and prize information published by eBay form part of these Terms. Entries must comply with these Terms to be valid.
When do entries start and close?2) The Promotion commences at 10:00am (AEST) on 25 August 2020 and closes at 11.59pm (AEST) on 28 August 2020 (“Promotion Period”).
3) Each Entrant must ensure that their entry is received by eBay during the Promotion Period. All entries are deemed to be received at the time of receipt by eBay, not time of transmission by an entrant. No responsibility is accepted for any entries that are late, lost, incomplete, misdirected or not received by eBay by 11.59pm (AEST) on 28 August 2020.
Who can enter the Promotion?4) “Eligible Entrants” will automatically be entered in the Grand draw if they, during the Promotion Period:
a) are an Australian resident; and
b) are18 years or older; and
c) are not an employee, contractor (or an immediate family member of an employee or contractor) of eBay Inc and its related bodies corporate or the Promoter and its related bodies corporate; and
d) sign up to a 30 day free trial membership of eBay Plus.
5) Membership of eBay Plus is subject to the eBay Plus terms and conditions found at https://tc.ebay.com.au/ebay-plus-terms-and-conditions. A $49 annual membership fee is payable at the conclusion of the trial period unless the membership is cancelled prior to the conclusion of the 30 day free trial.
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How do entrants enter the draw to win a Prize?6) To enter the Grand Draw to win a Prize (“Prize Draw”) entrants must:
a. Be an Eligible Entrant; and
b. Have signed up for a 30 day free trial membership of eBay Plus during the Promotion Period.
7) Each Eligible Entrant will receive one entry into the Grand Draw to win one of the 1000 Prizes.
What is the Prize and when will the Grand Draw take place?8) The first 1,000 eligible entries drawn will each win an eBay voucher for $249 off Apple Airpod item number 1239324366002.
9) The total value of all Prizes for this Promotion is AU$249,000
10) The Promoter and eBay accept no responsibility for any variation in the value of any prize.
11) Prizes, or any unused portion of a prize, are not transferable and cannot be substituted, exchanged or taken as cash.
12) The Promoter or eBay’s decision regarding prize winners is final, and no correspondence will be entered into regarding the outcome.
13) Each prize (eBay voucher) is subject to separate terms and conditions– please read these terms and conditions carefully, including the expiry date/s of the eBay Eligible Item Airpods Coupon: https://tc.ebay.com.au/plusairpodsofferaugust2020
14) Each Eligible Item Airpods Coupon must be redeemed between 10am AEST 02 September 2020 and 11:59pm 15 September 2020.
15) The draw will take place at 10:00am (AEST) on 31 August 2020 at Level 17, 40 Mount Street, North Sydney NSW 2060. The first one thousand (1,000) Eligible Entries drawn will be the prize winners.
When will entrants receive their Prizes?16) All prize winners will be notified and have the prize details sent to them by email by 2 September 2020. The email address used to notify the winners and send the prize details will be the same as the winner’s registered email address in their eBay Plus Membership Account.
Is it free to enter the Promotion?17) Entry is free into this Promotion except for any costs associated with entering, such as accessing the internet and mobile phone charges, if applicable. eBay is not responsible for these costs.
What if an entrant’s details have changed during the Promotion?18) If an entrant’s eBay details change at any time during the Promotion period, they should notify eBay Customer Service immediately via our help centre.
19) eBay will not be responsible for prizes that cannot be delivered because an entrant’s details may have changed.
20) In the event of any uncertainty as to the claim to a prize or the identity of the eligible entrant if selected as the winner, the prize will be forfeited.
Other important terms to know
21) There may be tax implications from winning a prize in this Promotion. Winners should seek independent financial advice before a Prize is accepted.
22) eBay is not responsible or liable for any loss or damages incurred by any party if any prize is unavailable.
23) The prizes must be used in accordance with eBay’s User Agreement which can be found at the bottom of eBay’s website (ebay.com.au).
When will an entry be invalid or rejected?24) Entries into the Promotion may be invalid, or eBay may reject entries if eBay reasonably forms the opinion that an entry is:
1- made using automated entry means or by use of a computer entry service;
2- late;
3- incomplete;
4- incorrect including if an entrant provides the wrong details;
5- breaches eBay’s User Agreement;
6- incomprehensible;
7- unlawful;
8- offensive;
9- capable of encouraging conduct that would be considered a criminal offence;
10- capable of giving rise to civil liability; and/or
11- made on behalf of an entrant by a third party or otherwise by proxy.
25) Entrants may be excluded from participating in the Promotion if their account, their listings or the items that they sell contravene eBay.com.au's policies or eBay.com.au’s User Agreement as set out at https://www.ebay.com.au/help/policies/member-behaviour-policies/user-agreement?id=4259.
26) eBay reserves the right, at any time, to verify the validity of entries and Entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms or who tampers with the entry process. An entrant must, within 7 days of being asked, allow eBay to inspect and copy any documents eBay may request establishing eligibility to enter the Promotion, including evidence of age, residence or identity. Proof of identification, residency and entry considered suitable for verification is at the discretion of eBay.
27) Errors and omissions may be accepted at eBay's discretion. Failure by eBay to enforce any of its rights at any stage does not constitute a waiver of those rights.
28) eBay may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
a) fails to establish their entitlement to enter the Promotion to eBay's satisfaction; or
b) fails to produce documents as requested by eBay to verify the validity of entries or produces items that are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way;
c) appears, to eBay, to have tampered with, or benefited from tampering with, the entry process;
d) has submitted an entry that is not in accordance with these Terms; or
e) does not hold an open or active eBay account. The relevant Prize will be forfeited by the winner.
29) If for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of eBay and its related bodies corporate, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, eBay reserves the right in its sole discretion take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant state/territory permit regulations and/or disqualify any individual who tampers with the entry process.
30) Except for any liability that cannot be excluded by law, eBay (including its officers, employees, agents and related Bodies Corporate as defined by the Corporations Act 2001 (Cth)) exclude all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to:
1- any technical difficulties, technical error or equipment malfunction (whether or not under eBay’s control);
2- any error, omission, interruption, deletion, delay, defect, theft, unauthorised access or third party interference;
3- any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by eBay) due to any reason beyond the reasonable control of eBay;
4- any variation in Prize value to that stated in these Terms;
5- any tax liability incurred by a winner or eligible entrant; or
6- use of a Prize.
31) Under no circumstances will eBay’s total aggregate liability in connection with this Promotion, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed AU$3,000.
32) To the maximum extent permitted by law, entrants release eBay and the Promoter from all or any claims that may arise in connection with this competition.
33) These rules are Terms and constitute the entire terms and conditions between the eligible entrant and eBay with respect to the Promotion and cannot be altered, modified or amended.
34) These Terms are subject to the applicable State or Territory lottery laws.
35) These Terms are governed by the laws of New South Wales and entrants submit to the exclusive jurisdiction of the New South Wales courts in relation to any disputes arising under these Terms or in relation to the competition.
How an entrant’s personal information may be collected and used
36) All entries become the property of eBay.
37) Entrants who participate in this Promotion agree that:
1- eBay or other entities on its behalf may use and collect their personal information to administer this Promotion and to contact them about this Promotion and about eBay’s services. This information will be collected and used in accordance with eBay’s Privacy Policy, which can be found by clicking on “Policies” at the bottom of our website www.ebay.com.au (https://www.ebay.com.au/help/policies/member-behaviour-policies/user-privacy-notice?id=4260). Entrants can choose to opt-out from these communications at any time.
2- An entrant’s personal information may be disclosed to third parties including marketing and communications agencies in order to conduct this Promotion and to the authorities responsible for the regulation of lotteries. Prize Winners' names will be published and retained as required by relevant legislation and as specified in these Terms;
3- eBay may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or contacting the Entrant. This information will be collected and used in accordance with eBay’s Privacy Policy (https://www.ebay.com.au/help/policies/member-behaviour-policies/user-privacy-notice?id=4260).
The Promoter is Mike Da Silva & Associates (Aust) Pty Ltd, Level 17, the Ark, Coca-Cola Place, 40 Mount Street. North Sydney NSW 2060 (‘MDSA).
Authorised under NSW NTP/20/00225, ACT Permit No. TP20/01126 & SA Licence No. T20/987.
eBay Plus Terms and Conditions
By signing up for an eBay Plus membership, you agree to the following terms and conditions (“Terms”) with eBay Marketplaces GmbH (“eBay”). These Terms are between you and eBay and govern our respective rights and obligations. Please note that your use of the www.ebay.com.au website (“eBay website”) and your Plus membership are also governed by eBay’s User Agreement and all applicable policies on the eBay website, which are incorporated into these Terms.
1. Becoming an eBay Plus member
1.1. You must have an eBay account with a registration address in Australia in order to join eBay Plus. Your eBay Plus membership is linked to your eBay account.
1.2. To join eBay Plus, you must sign in to your eBay account and then complete the registration process by selecting a payment method, reading and accepting these Terms and then selecting the “Sign up now” button.
1.3. When you select the “Sign up now” button, you are entering into a binding agreement between you and eBay, based on these Terms. eBay will send you an email within 24 hours confirming your eBay Plus membership.
1.4. eBay reserves the right to accept or refuse membership in its discretion.
2. Membership cancellation
2.1. You may cancel your eBay Plus membership at any time by selecting “Manage membership” on your eBay Plus membership page and then selecting the “Cancel” option in the drop-down menu.
2.2. Other than in the circumstances set out in clause 2.3 below, if you cancel any time after becoming a paid member or your membership automatically renews at the end of your membership year:
2.2.1. you will not be refunded your membership fee regardless of whether or not you made any eligible purchases or have taken advantage of any eBay Plus benefits since your latest Plus membership charge; and
2.2.2. you will continue to receive all eBay Plus benefits until the end of your membership year, but your membership will not be automatically renewed for a further year.
2.3. If your existing membership renews automatically at the end of your membership year and you are charged the annual membership fee, you will have 14 days from the date you have been charged on your preferred payment method to request a refund of the membership fee from Customer Service. If you have not already cancelled your membership in accordance with clause 2.1, Customer Service will cancel your membership for you. For the avoidance of doubt, you will no longer be entitled to the benefits of your eBay Plus membership from the date of cancellation.
2.4. If you have redeemed a “Keep my Benefits and Receive a Gift Card” offer and subsequently request a refund of your membership fee under clause 2.3, the amount of the refund provided to you will be reduced by the value of the gift card.
3. Free 30-day trial
3.1. If you sign up for a free 30-day trial of eBay Plus, you may cancel your membership at any time during the 30-day trial period.
3.2. If you cancel your eBay Plus membership during the 30-day trial period, you will incur no fees or other charges for the membership. You will continue to receive all eBay Plus benefits until the end of the 30-day trial period, at which time your eBay Plus membership will end.
3.3. If you do not cancel your eBay Plus membership before the 30-day trial period has ended, your membership will be automatically renewed and you will be charged the full annual subscription fee in accordance with sections 5 and 6.
3.4. There is a maximum of one free 30-day trial of eBay Plus per eBay member. You may not use or create another eBay account in order to take advantage of the free 30-day trial more than once.
4. Benefits of eBay Plus membership
4.1. As an eBay Plus member:
4.1.1. You are entitled to free delivery on eBay Plus items subject to clauses 4.3, 4.4, 4.5, 4.7 and 4.8;
4.1.2. If your delivery address is located in an eligible metro postcode, you are also entitled to a free upgrade to an express postage service offered by eBay Plus sellers on eBay Plus items, excluding the following sellers: big-w-online, myer_store_official, danmurphys_au, babybunting, binglee, autobarn-au, bbqgalore, petersofkensington and beacon-lighting
4.1.3. The free upgrade to express postage does not apply to Western Australia, Tasmania and Northern Territory and accordingly there are no Western Australian, Tasmanian or Northern Territory postcodes listed as eligible metro postcodes. 4.1.4. You are entitled to free returns on eBay Plus items, subject to clauses 4.4, 4.6, 4.7 and 4.8;
4.1.5. You are also entitled to premium customer service and special promotions and discount offers as advertised on www.ebay.com.au or otherwise communicated to you from time to time;
4.1.6. You are entitled to 5% off the total value of your Coles order, subject to the 5% off Coles for eBay Plus Members Coupon Terms and Conditions;
4.1.7. You are entitled to free Coles Delivery on all orders of $49 or over from colessupermarkets on eBay.com.au, subject to clause 4.1.6;
4.1.8. Coles Delivery means the delivery service offered by colessupermarkets on eBay.com.au the details of which are found on the Coles FAQ page. Any orders under $49 will be subject to Coles standard delivery rate which is currently $10 per delivery however is subject to change at the discretion of Coles.
4.2. “eBay Plus items” are selected fixed price items available on the www.ebay.com.au website that are designated with the eBay Plus logo.
4.3. “Free delivery” means free standard domestic postage, unless your delivery address is located in an eligible metro postcode, in which case you are entitled to a free upgrade to an express postage service offered by eBay Plus sellers.
4.4. You are only entitled to the benefits set out in clause 4.1 when you purchase eBay Plus items for personal/ domestic rather than business purposes.
4.5. You are only entitled to free delivery on an eBay Plus item when:
4.5.1. You purchase and pay for the item online via eBay; and
4.5.2. You purchase the item using the “Buy it Now” function (not “Best Offer”).
4.6. You are only entitled to return an eBay Plus item for free when:
4.6.1. You have purchased the item using the “Buy it Now” function (not “Best Offer”);
4.6.2. You return the item within 30 days of receipt or, if the seller offers a longer returns period, within the seller's return timeframe;
4.6.3. You return the item through eBay’s inflow returns services;
4.6.4. You return the item via eBay’s designated shipping partners (Australia Post and ParcelPoint);
4.6.5. You select a satchel that is appropriate in size for the item being returned; and
4.6.6. You select a standard returns label. Returns via courier pick up and express returns are excluded.
4.7. eBay reserves the right, in its discretion, to limit the number of free deliveries of eBay Plus items you may receive and/ or the number of free returns of eBay Plus items you may make if it determines that the number of free deliveries you are receiving and/ or returns you are making with eBay Plus is excessive. Further, eBay reserves the right, in its discretion, to terminate your eBay Plus membership and exclude you from participating in the eBay Plus program in the future if it determines that the number of free deliveries you are receiving and/ or returns you are making with eBay Plus is excessive.
4.8. If you are an eBay Plus member and only some of the items in your transaction are eBay Plus items, you will have to pay applicable postage and returns costs for the items that are not eBay Plus items. You will only be entitled to free postage and returns on the eBay Plus items.
4.9. eBay reserves the right in its sole discretion to change its designated shipping partners or add new shipping partners at any time.
4.10. eBay reserves the right in its sole discretion to add or remove eBay Plus benefits.
5. Fees
5.1. The annual membership fee for eBay Plus is AU $49.
5.2. From time to time, eBay may offer a discounted membership fee for your first membership year. Any such offer will only be available for the time it is advertised on www.ebay.com.au and will only apply for your first membership year. If your membership rolls over for a further year, or you cancel your membership and later sign up again, the annual membership fee of AU $49 will apply.
5.3. The membership fee is payable once you sign up for an eBay Plus membership and eBay sends you an email confirming your membership (or, if you have signed up for a 30-day free trial period, on the day following the conclusion of the free trial period). In the case of a renewal of an existing membership, the membership fee is payable at the beginning of the new membership year.
5.4. You will be automatically charged for the membership fee using the preferred payment method you have selected, unless you cancel your membership prior to the charge. UNLESS YOU CANCEL YOUR MEMBERSHIP, YOU UNDERSTAND THAT YOUR EBAY PLUS MEMBERSHIP WILL AUTOMATICALLY CONTINUE IN ACCORDANCE WITH CLAUSE 6.3 AND YOU AUTHORISE US (WITHOUT NOTICE TO YOU) TO COLLECT THE MEMBERSHIP FEE USING THE PAYMENT METHOD WE HAVE ON FILE FOR YOU.
5.5. If all payment methods eBay has on file for you are declined and your membership fees cannot be paid, you must provide us with a new eligible payment method promptly or your membership will be cancelled.
5.6. You can get an invoice for your eBay Plus membership fees from the eBay Plus Member hub.
6.Term and Termination
6.1. Your eBay Plus membership is valid for 1 year from the date of signing up.
6.2. If you sign up for a free 30-day trial of eBay Plus, your membership is valid for 30 days from the date of signing up for the free trial. If you do not cancel your membership within those 30 days, it will automatically renew on the day after the free trial period and your annual membership will start on that day (i.e. the 31st day).
6.3. Your eBay Plus membership will automatically renew at the end of each membership year for a further year unless you or eBay cancel it prior to the end of the membership period.
6.4. If your original payment method is declined and you subsequently provide us with a new eligible payment method and are successfully charged for your membership fees, your annual membership will start from the date you signed up or your membership renewal date, not the date of the successful charge.
6.5. eBay reserves the right to terminate your eBay Plus membership at any time in its discretion, without notice to you, and without refunding your membership fees - for example, if eBay considers that you are misusing the eBay Plus service.
6.6. If your eBay membership is terminated for any reason, your eBay Plus membership will also terminated automatically.
7. Limitation of liability
7.1. To the extent permitted by law, eBay will not be liable for any loss incurred by you, or for any costs, damages, accident, delay, technical malfunction, injury, expense or inconvenience that arise as a result of or in connection with your eBay Plus membership.
8. $60 worth of coupons in a year Promotion
8.1. The terms in this section 8 apply if you register or convert to a paid eBay Plus membership between 6 November 2019 and 31 July 2020, unless otherwise extended (‘Eligible eBay Plus Members’).
8.2. Eligible eBay Plus members will receive 1 x $5 voucher in their e-mail and/or via My Messages within 5 days following payment of the membership fees. Eligible Members will continue to receive 1x $5 voucher every 30 days thereafter over the course of a year (Total of $60 worth of vouchers in one year).
8.3. These coupons are subject to the $5 Coupon for Plus Members Terms & Conditions.
8.4. All other terms in these eBay Plus terms and conditions remain unchanged and applicable.
9. Additional terms
9.1. You may not transfer or assign your eBay Plus membership or any eBay Plus benefits to any another person.
9.2. eBay may, in its sole discretion, assign its rights and obligations under this agreement, either wholly or in part, to another eBay entity or third party
9.3. eBay may amend these Terms at any time by posting the amended terms on eBay.com.au. We will also notify you of any material amendments through eBay Messages (in My eBay) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective after they are posted. If you do not accept the changes you should cancel your eBay Plus membership in accordance with clause 2.
9.4. If any provision of these terms is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect.
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